Neutral Citation No. - 2025:AHC:27854 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34839 of 2024 Applicant :- Arvind Yadav Opposite Party :- State of U.P. Counsel for Applicant :- R S Dubey,Savita Dubey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri R.S. Dubey, learned counsel for the applicant and Sri B.P. Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 84 of 2021 (S.T. No. 25 of 2022), under Sections 498A, 302 IPC, Police Station Khampar, District Deoria during pendency of the trial. 3. Learned counsel for the applicant submitted that this is second bail application filed on behalf of the applicant and first bail application of the applicant has been dismissed by this Court on merit vide order dated 27.07.2023 and he is pressing the instant second bail application on the ground that in the present matter applicant is in jail since 25.05.2021 i.e. for last more than three and half years and till date out of 30 prosecution witnesses only four witnesses could be examined, therefore, there is no hope that trial of the case will be concluded in near future. 4. He further submits, right of speedy trial is a fundamental right of an accused and on its violation even in serious cases, he can be released on bail and considering the fact that applicant is in jail for more than three and half years, it cannot be said that fundamental right of the applicant has not been violated. 5. He further submits, applicant is not having any criminal history. 6. Per contra, learned AGA opposed the prayer for bail and submitted that this is second bail application filed on behalf of the applicant and applicant is husband of the deceased and his wife died due to strangulation in her matrimonial home but could not dispute the fact that in the present matter applicant is in jail since 25.05.2021 i.e. for last more than three and half years and till date trial of the case could not be concluded. Learned AGA further could not dispute the fact that till date out of 30 prosecution witnesses only four witnesses could be examined and applicant is not having any criminal history. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, this is second bail application filed on behalf of the applicant and his first bail application was dismissed on merit after considering the fact that applicant is husband of the deceased and his wife died in her matrimonial home due to strangulation but it reflects, in the present matter applicant is in jail since 25.05.2021 i.e. for last more than three and half years and till date trial of the case could not be concluded. 9. Considering the long incarceration of the applicant, a report was called from the court concerned about the current status of the trial, which is on record and from its perusal it reflects that out of 30 prosecution witnesses only four prosecution witnesses could be examined, therefore, it appears, trial of the case is moving with languid pace and there is no hope of its early disposal. Further, from the report of the court concerned it could not be reflected that applicant is causing delay in the trial. 10. Further, right of speedy trial is the fundamental right of an accused and on its violation even in serious cases, an accused can be released on bail and considering the fact that in the present matter applicant is in jail since 25.05.2021 i.e. for last more than three and half years, it cannot be said that his fundamental right has not been violated. (See: Tapas Kumar Palit Vs. State of Chhattisgarh Criminal Appeal No. 738 of 2025 arising out of SLP (Criminal) No.15971 of 2024 decided on 14.02.2025). 11. Further, applicant is not having any criminal history. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Arvind Yadav be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 27.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad