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Makardhwaj Bhoi v. State of Up

Allahabad HC10 Mar 2025BAIL/8261/2025

Case brief

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Allahabad High Court (Court No. 66), Neutral Citation 2025:AHC:57120; CRIMINAL MISC. BAIL APPLICATION No. 8261 of 2025; Sameer Jain, J.; order dated 17.4.2025. Applicant Makardhwaj Bhoi (counsel Satish Sharma) sought bail in Case Crime No. 70 of 2022, Section 302 IPC, PS Soraon, District Prayagraj ('Praygraj'), for alleged murder of his wife by spade/head injury witnessed by several persons; AGA R

What the court decided

AI extract

Makardhwaj Bhoi vs State of Up — Murder and Culpable Homicide | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:57120

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8261 of 2025

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Applicant :- Makardhwaj Bhoi Opposite Party :- State of U.P. Counsel for Applicant :- Satish Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Satish Sharma, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, 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. 70 of 2022, under Section 302 IPC, Police Station Soraon, District Praygraj during pendency of the trial.

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Learned counsel for the applicant submits, however, applicant is husband of the deceased and as per allegation he committed the murder of his wife by causing injury to her through spade but entire allegation leveled against the applicant is totally false.

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He further submits, even it is a case in which applicant is in jail since 13.02.2022 i.e. for last more than three years and till date trial of the case could not be concluded, therefore, considering the long incarceration of the applicant, he should be released on bail.

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Per contra, learned AGA opposed the prayer for bail and submitted, applicant is husband of the deceased and there is eye witness account and as per allegation, he committed the murder of his wife, however, he is in jail for last more than three years but considering his conduct, he should not be released on bail.

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

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Applicant is husband of the deceased and as per allegation he committed the murder of his wife by causing head injury to her and incident has been witnessed by number of witnesses.

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Further, considering the fact that applicant is in jail for last more than three years, a report was called from the court concerned

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about current status of the trial and however from the report it reflects, till date only two witnesses could be examined but two eye witnesses could not be examined till date.

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Considering the nature of allegation leveled against the applicant and the fact that he is husband of the deceased and till date two eye witnesses could not be examined by the trial court, I am not inclined to release the applicant on bail at this stage.

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

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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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However, applicant can renew his prayer for bail after the statements of the alleged eye witnesses before the court concerned.

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Order Date :- 17.4.2025 AK Pandey

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

Makardhwaj Bhoi v. State of Up

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Makardhwaj Bhoi v. State of Up

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