JUDGMENT (C.M. Application No.30322 of 2021) Heard learned counsel for the applicant/ appellant, learned counsel for the informant and learned A.G.A. for the State. 2. This is the first bail application preferred by the applicant/ appellant, Vikas Shukla @ Krishna Kumar Shukla, who has been convicted in Sessions Trial No.379 of 2013; State of U. P. v. Vikas Shukla and others, arising out of Case Crime No.278 of 2012, under Sections 498A and 302 I.P.C., Police Station- Kamlapur, District- Sitapur. 3. The contention of learned counsel for the appellant/ applicant is that the appellant/ applicant is husband, who has been convicted for the offence of murdering his wife punishable under Sections 498A and 302 I.P.C. The appellant/ applicant is in jail for the past more than ten years and nine months. It is alleged that the wife/deceased sustained about 96% burn injuries. It is the case of the prosecution that before her death, she had mentioned the fact to her mother in the hospital that it is the appellant/husband and his family members had burnt her, however, the doctor has opined that considering the percentage of burn injuries, it is difficult to say as to whether she would have been in a position to make any such statement. The submission is that it is not a case where a dying declaration has been recorded in terms of the provision of section 32 of Indian Evidence Act, but one where the alleged statement made to her mother in the hospital has been treated as her statement. 4. His further submission is that the appellant/ applicant had himself sustained about 40% burn injuries and had undergone treatment from 29.09.2012 to 20.10.2012 in the same hospital where the wife/deceased was admitted and died. In support of this the defence had adduced evidence of the concerned doctor, D.W.-1, but the same has been disbelieved. 5. His next submission is that the appellant/ applicant is languishing in jail since 22.12.2012 and he does not have any criminal history, therefore, the appellant/ applicant is entitled to be enlarged on bail. 6. In support of this the defence had adduced evidence of the concerned doctor, D.W.-1, but the same has been disbelieved. 5. His next submission is that the appellant/ applicant is languishing in jail since 22.12.2012 and he does not have any criminal history, therefore, the appellant/ applicant is entitled to be enlarged on bail. 6. On the other hand, learned A.G.A. for the State has opposed the prayer for bail by submitting that merely because the appellant has sustained 40% burn injuries does not mean that he is innocent and this aspect has been dealt with by the trial Court, therefore, the appellant/ applicant is not entitled to be enlarged on bail considering the gravity of the offence. 7. Having heard learned counsel for the parties and having perused the record, without commenting on the merits of the issues involved which can be seen at the time of final hearing, considering the period of incarceration of the appellant/ applicant which is more than ten years and also other factors, such as, injuries sustained by the appellant (40% burn injuries) and the fact that the statement made by the deceased in the hospital to her mother has been treated as an oral statement and also considering the fact that it is the father of the appellant, who had taken the deceased as also the appellant to the same government hospital for treatment, we are of the opinion that the applicant/ appellant is entitled to be enlarged on bail. 8. The application for bail is, accordingly, allowed. 9. Let the applicant/appellant- Vikas Shukla @ Krishna Kumar Shukla be released on bail on his furnishing personal bond and two sureties of the like amount to the satisfaction of the Court concerned. 10. It is made clear that during bail, the appellant/ applicant shall not indulge themselves in any criminal activity. If he is found indulging in any criminal activity, the prosecution will be at liberty to file an application for cancellation of bail. 11. The fine imposed by the learned Trial Court shall be deposited by the appellant/ applicant within a period of one month from the date of release, failing which the bail granted to the appellant/ applicant shall stand cancelled and he shall be arrested and sent to jail to serve out the sentence. 12. 11. The fine imposed by the learned Trial Court shall be deposited by the appellant/ applicant within a period of one month from the date of release, failing which the bail granted to the appellant/ applicant shall stand cancelled and he shall be arrested and sent to jail to serve out the sentence. 12. As soon as personal bond and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial court concerned to be kept on record of this appeal. 13. List the appeal for final hearing after six months. 14. Office is directed to prepare the typed paper book in this case and provide a copy of the same to learned counsel for the parties as per rules of the Court.