The Allahabad High Court granted bail to former Indian Information Service (IIS) officer who is accused of murdering his wife, a practicing lawyer in Noida in September 2023. The Court while allowing the bail application, considered various factors including the nature of the offence, the evidence presented, the period of incarceration, and the constitutional guarantee under Article 21.
According to the prosecution, the deceased had been suffering from cancer in the past and failed to respond to phone calls on the day of the incident. Concerned, her brother attempted to visit her residence but found it locked. When police arrived and forcibly entered the premises in the presence of the RWA President, they discovered the woman’s body in the bathroom with visible injuries. An autopsy confirmed the cause of death as asphyxia due to manual strangulation and noted multiple ante-mortem injuries. The accused was found locked inside a storeroom on the first floor of the same house and was arrested.
The investigation also revealed that the deceased had previously filed an FIR against the accused in 2016 under Sections 323, 504, and 506 of the IPC. The Court also took note of witness testimonies indicating that the accused intended to leave the country with the sale proceeds. Despite the gravity of the allegations, the Court observed that the accused had been in custody since September 2023, had no prior criminal record, was a senior citizen, and was not a flight risk.
Emphasizing the importance of personal liberty and the issue of jail overcrowding, the Court relied on the Supreme Court’s decision in Manish Sisodia v. CBI, 2023 SCC OnLine SC 1393 and held that prolonged pre-trial incarceration could not be justified when the trial was not nearing completion. Without commenting on the merits of the case, the Court granted bail subject to conditions.