Shahnawaz Vs State of U.P.

Neutral Citation No. - 2025:AHC:32979

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2811 of 2025

Applicant :- Shahnawaz Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Compliance affidavit filed today on behalf of the State is taken on record.

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Heard Sri Sunil Kumar Dubey, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 278 of 2024, under Section 103(1) B.N.S., Police Station Masuri, District Ghaziabad during pendency of the trial.

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Learned counsel for the applicant submits, however, applicant is husband of the deceased but on the basis of false allegation, he has been made accused in the present matter. He further submits, there is absolutely no evidence on record which can suggests that applicant was responsible for the death of his wife.

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He next submits, during post mortem, cause of death of the deceased could not be ascertained and her viscera was preserved and now viscera report is on record, which was filed by the State along with the compliance affidavit and from its perusal, it reflects, no poison was found, therefore, it appears, deceased i.e. wife of the applicant died natural death.

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He further submits, applicant is not having any criminal history and in the present matter he is in jail since 25.08.2024 i.e. for last more than six months.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the

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record of the case.

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However, applicant is husband of the deceased and as per allegation he committed murder of his wife but it reflects, during post mortem cause of death of the deceased could not be ascertained and viscera was preserved and her viscera report has been filed by the State through compliance affidavit and from its perusal it reflects, in the viscera no poison was found.

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Considering the viscera report of the deceased, the argument advanced by learned counsel for the applicant that there is no evidence which can suggests that applicant is responsible for the death of his wife and, prima facie, it appears, deceased died natural death, cannot be ruled out.

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Further, applicant is not having any criminal history and in the present matter he is in jail since 25.08.2024 i.e. for last more than six months.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Shahnawaz 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:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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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.

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It is clarified that the observations made herein are limited to

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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.

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Order Date :- 6.3.2025 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Shahnawaz v. State of U.P.

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