SHIV KUMARversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 42534 of 2025

Shiv Kumar
                                                              .....Applicant(s)
                                    Versus

State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                     :   Ajay Kumar Dwivedi
Counsel for Opposite Party(s)                :   G.A.

Court No. - 67
                 HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Sri Ajay Kumar Dwivedi, learned counsel for the applicant and
Sri B.P. Maurya, learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 321 of 2025, under Sections 105,
115(2), 352, 85, 351(2) BNS, Police Station Uttar, District Firozabad,
during the pendency of the trial.

3. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case. It is further
submitted that the applicant got his wife admitted in a hospital when she
fell from terrace and he remained present during performance of her last
rites and during inquest and her post-mortem. It is further submitted that
the first informant in her testimony before the trial Court has clearly
stated that her daughter fell from terrace due to slip. It is further submitted
that marriage of the applicant with the deceased was solemnized twelve
years before her death and three injuries have been found on the person of
the deceased and the cause of death has been found due to ante-mortem
injury. It is further submitted that the applicant has been languishing in
jail since 28.5.2025 and he is having no criminal history. It is lastly
submitted that in case the applicant is granted bail, he will not misuse the
liberty of bail and would cooperate in the trial proceedings.

4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
but could not dispute the aforesaid facts, however, it is submitted that the
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applicant gave a push to his wife and she fell from the terrace and three
injuries have been found on the person of the deceased and she
succumbed to injuries. It is further submitted that offence as alleged is
serious in nature and he is said to have killed his wife.

5. As per the allegation in the FIR, the applicant is said to have given a
push to his wife from terrace as a result of which she fell and she received
three injuries on her person and she succumbed to injuries. As per post-
mortem report of the deceased, there are three injuries found on the
person of the deceased, which are quoted below:

1. Injury No. 1: stitched wound 25 cm long on right side forehead to
occipital region.

2. Injury No. 2: Traumatic swelling 15 cm x 10 cm on right side top of
head with both temporal and both parietal bone fracture with hematoma
present.

3. Injury No. 3: Contusion 05 cm x 04 cm on back of left ear.

The applicant is said to have got his wife admitted in a hospital when she
fell from terrace and he remained present during performance of her last
rites and during inquest and her post-mortem. The first informant in her
testimony before the trial Court has clearly stated that her daughter fell
from terrace due to slip. The applicant has been languishing in jail since
28.5.2025 and he is having no criminal history.

6. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court
in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC
Online All 6765 regarding grant of bail and without expressing any
opinion on the merits of the case, I am of the opinion that the applicant is
entitled to be enlarged on bail.
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7. Accordingly, the present application is ALLOWED.

8. Let the applicant- Shiv Kumar involved in the aforementioned crime
be released on bail, on his 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 not directly or indirectly make any 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 to any police
officer or tamper with the evidence.

(ii) The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.

(iv) The applicant shall attend in accordance with the conditions of the
bond executed by him.

9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.

10. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
Verification of mobile number and Aadhaar card of the applicant as well
as sureties should be verified by the court concerned.

11. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.

12. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or e-prison portal within 24
hours in compliance of the order of the Apex Court in the case of Policy
Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4
of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
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                                    13. However, the learned trial Court is directed to expedite the trial of the
                                    case as expeditiously as possible, preferably within a period of one year.



                                                                                    (Jitendra Kumar Sinha,J.)
                                    September 9, 2026
                                    Abhishek




Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad