Neutral Citation No. - 2025:AHC:69116 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2656 of 2025 Applicant :- Manish Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Compliance affidavit filed by State is taken on record. 2. Heard Sri Ajay Sengar, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0275 of 2024, under Sections 103(1), 324, 352 BNS Police Station- Bilhaur, District- Kanpur Nagar, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, applicant is the husband of the deceased and as per allegation, he along with his family members committed the murder of his wife but entire allegation levelled against the applicant is totally false. 5. He further submitted that however, post-mortem report of the deceased suggests that he sustained one contused swelling on her occipital region but according to autopsy surgeon, she did not die due to this injury and her viscera was preserved and now viscera report of the deceased is on record, which has been filed today by State along with compliance affidavit and according to viscera report, no poison was found, therefore, it reflects, deceased died natural death. He further submitted that there is no evidence on record, which can suggests that applicant committed the murder of the deceased. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 10.11.2024. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant is the husband of the deceased and he used to torture her along with his family members and committed her murder and however, from the port-mortem report, it reflects that deceased sustained one contused swelling on her occipital region but as per autopsy surgeon, her cause of death could not be ascertained and, therefore, it reflects, she did not succumb to her ante-mortem injury. 10. Further, learned AGA along with the compliance affidavit, filed viscera report of the deceased, which suggests that deceased did not die due to consumption of any poison. 11. Considering the above facts, it reflects, there is no evidence that actually it is a case of homicidal death and considering this fact, the argument advanced by learned counsel for the applicant that actually deceased died natural death, cannot be completely ruled out at this stage. 12. Further, applicant is not having any criminal history and he is in jail in the present matter since November, 2024 i.e. for last more than five months. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Manish Mishra 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. 16. 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. 17. 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 :- 1.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad