Neutral Citation No. - 2025:AHC:14328 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25551 of 2024 Applicant :- Sandeep Goyal Opposite Party :- State of U.P. Counsel for Applicant :- Aakash Sharma Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 442 of 2023 at Police Station- Kandhla District-Shamli under Sections 498A, 302/34 IPC. The applicant is in jail since 12.09.2023. The bail application of the applicant was rejected by trial court on 28.05.2024. The following arguments made by Shri Aakash Sharma, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Suchit Tandon, learned AGA from the record, entitle the applicant for grant of bail: 1. The applicant is the husband of the deceased. 2. The applicant had a harmonious domestic life and deep affection for his wife. The couple is blessed with three children. 3. The applicant never tortured the deceased or demanded dowry. The applicant is bereaved by the death of his wife. 4. On the fateful day the deceased slipped from staircase and fell to her death. 5. The applicant was falsely nominated at the instigation of inimical parties in the family only to blackmail him. 6. The applicant is a law abiding citizen who cooperated with the police investigations and had joined the trial. 7. The applicant never influenced witnesses or tampered with the evidence. 8. The applicant did not adopt dilatory tactics or impede the trial proceedings. 9. The first informant who is the brother of the deceased in his testimony before the trial court has repudiated the prosecution case. Similarly the children of the deceased who are eye witnesses have also refuted the prosecution case and have not identified the applicant as the principal offender who inflicted any injury to the deceased. According to the testimonies of the said witnesses the deceased sustained fatal injuries in an accidental fall from the stairs. 10. The trial is moving at a snail's pace and shows no sign of early conclusion. The applicant is not responsible for the delay in the trial. 11. Prosecution witnesses are deliberately delaying the trial only to prolong the incarceration of the applicant. 12. Inordinate delay in concluding trial will lead to virtually an indefinite imprisonment of the applicant without there being any credible evidence to implicate him in the offence. 13. The right of the applicant to speedy trial has been violated. 14. The applicant does not have any criminal history apart from the instant case. 15. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of the applicant influencing witnesses, tampering with the evidence or reoffending. In wake of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant - Sandeep Goyal be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 31.1.2025 Dhananjai Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad