Shivam Vs State of U.P.

Neutral Citation No. - 2025:AHC:113458

Court No. - 82

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3096 of 2025

Applicant :- Shivam Opposite Party :- State of U.P. Counsel for Applicant :- Tarun Jha Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Supplementary affidavit flied on behalf of the applicant is taken on record.

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Heard Shri Tarun Jha, learned counsel for the applicant and Shri Pradeep Kumar, learned AGA for the State-respondent.

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The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.211 of 2024, under Sections 80(2), 85 B.N.S. and Sections 3/4 D.P. Act, Police Station Kotwali Jalaun, District Jalaun, during pendency of the trial in the court below.

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Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant, who is husband of the deceased and his first bail application has been dismissed on merit by this Court vide order dated 18.11.2024 passed in Criminal Misc. Bail Application No.42158 of 2024 but he is pressing the instant second bail application on the ground that applicant is in jail in the present matter since 09.07.2024 i.e. for last more than a year and till date only one prosecution witness could be examined by the trial court out of total 28 witnesses of the charge-sheet and therefore, there is no hope of early disposal of the trial of the case.

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He further submits that even from the post-mortem report, it reflects that deceased died due to hanging, therefore, prima-facie, it appears to be a case of suicidal death.

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He further submits that applicant is having no other criminal history to his credit.

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Per contra, learned AGA opposed the prayer for bail and submits that this is the second bail application filed on behalf of the applicant, who is husband of the deceased and his wife died under abnormal circumstances within one and half years of her marriage and there is also allegation of demand of dowry but could not dispute the fact that applicant is in jail in the present matter since 09.07.2024 i.e. for last more than a year and till date only one prosecution witness could be examined by the trial court out of total 28 witnesses of the charge-sheet.

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He further could not dispute the fact that post-mortem report prima-facie indicates that it is a case of suicidal death.

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He further could not dispute the fact that applicant is having no other criminal history.

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I have heard learned counsel for both the parties and perused the record of the case.

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However, this is the second bail application filed on behalf of the applicant, who is husband of the deceased and his first bail application has already been dismissed by this Court vide order dated 18.11.2024 after considering the fact that his wife died under abnormal circumstances within one and half years of her marriage and there is also allegation of demand of dowry but it reflects, he is in jail in the present matter since 09.07.2024 i.e. for last more than

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a year and till date only one prosecution witness could be examined by the trial court out of total 28 witnesses of the chargesheet. Considering this fact, the argument advanced by learned counsel for the applicant that trial of the case is moving with languid pace and there is no hope of its early disposal, cannot be ruled out.

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Further, post-mortem report suggests that deceased died due to hanging and therefore, prima-facie, it appears to be a case of suicidal death.

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Further, applicant is having no other criminal history to his credit.

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Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged 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- Shivam , 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,

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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 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 :- 14.7.2025 Zafar

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Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

Shivam v. State of U.P.

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