VIKASversusSTATE OF U.P.

                HIGH COURT OF JUDICATURE AT ALLAHABAD

          CRIMINAL MISC. BAIL APPLICATION No. - 44385 of 2025

Vikas
                                                            .....Applicant(s)
                                 Versus
State of U.P.
                                                       .....Opposite Party(s)

Counsel for Applicant(s)             :    Vinay Kumar Singh Chandel
Counsel for Opposite Party(s)        :    G.A.

Court No. - 67
                 HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Kunwar Vikram Suryavanshi, Advocate, holding brief of
Sri Vinay Kumar Singh Chandel, learned counsel for the applicant, Sri
Rakesh Kumar Mishra, 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. 85 of 2024, under Section-
302 IPC, Police Station- Kavi Nagar, District-Ghaziabad, during the
pendency of the trial.

3. Contention of learned counsel for the applicant is that though in the
FIR, allegation has been made that the applicant used to quarrel with
the deceased (wife of the applicant) and he also subsequently
murdered the deceased. On receiving the information, the brother
and cousin (first informant) also reached at the house of the applicant
and found the dead body of the deceased. Police also recorded the
statement of Km. Kanishka, the daughter of the deceased, who also
supported the prosecution story. It is further submitted that actually
the deceased herself fell down from the balcony accidentally while
she was talking to his brother on mobile phone and subsequently, the
applicant himself had taken the deceased in a swift car to the hospital
but she succumbed to her injuries. It is further submitted that the
daughter of the deceased Km. Kanishka in her statement before the
trial court also stated that the deceased accidentally fell down from
the balcony of the flat and subsequently, the applicant himself took
her to the hospital but she died. It is further submitted that applicant
has not committed any offence, he has been falsely implicated merely
on the basis of apprehension and doubt. It is further submitted that
the applicant has no criminal history. It is further submitted that
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                              2

charge sheet has been filed in the present case, therefore, there is no
requirement of custodial interrogation. It is lastly submitted that total
28 prosecution witnesses are to be examined and till date only two
witnesses have been examined. Therefore, trial is not likely to be
concluded in near future. The applicant is a law abiding citizen and he
is languishing in jail since 27.01.2024. In case, he 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.

5. 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.

6. Let the applicant- Vikas, 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.
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                                    7. In case of breach of any of the above conditions, it shall be a
                                    ground for cancellation of bail.

                                    8. Identity, status and residence proof of the applicant and sureties be
                                    verified by the court concerned before the bonds are accepted.

                                    9. Verification of mobile number and Aadhaar card of the applicant as
                                    well as sureties should be verified by the court concerned.

                                    10. It is made clear that the applicant shall be released on the basis
                                    of computer generated copy of this order, downloaded from the
                                    official website of High Court Allahabad and verified by the concerned
                                    counsel with the undertaking that the certified copy will be filed within
                                    15 days.

                                    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.

                                    May 5, 2026
                                    S.C.
                                                                                 (Arun Kumar Singh Deshwal,J.)




Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad