HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27010 of 2023 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Amit Rai, learned counsel for the applicant, Shri B.P. Singh, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking bail in Case Crime no.453 of 2022, under Section 302 of I.P.C, Police Station Behjoi, District Sambhal, with the prayer that in the event of arrest, applicant may be released on bail. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that the applicant has been in the judicial custody since 08.09.2022 and only two witnesses have been examined by the learned trial Court. It is further submitted that the eye witness PW-2, Sonam has turned hostile and she has not supported the prosecution case in her testimony recorded before the learned trial Court and the other witnesses are not turning up and there is no likelihood of trial being completed at an early date. It is further submitted that the entire incident is said to have taken place as spur of moment and therefore, the case falls within the ambit of Section 304 of I.P.C. It is also submitted that the applicant is having no criminal history. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of Versus Counsel for Applicant(s) : Amit Rai, Avesh Pratap Singh Counsel for Opposite Party(s) : G.A. Usman .....Applicant(s) State of U.P. .....Opposite Party(s) bail. 4. On the other hand, learned A.G.A. has opposed the application for grant of bail and it has been submitted by him that the second eye witness has not been examined till date. 5. The applicant has been in the judicial custody since 08.09.2022 and only two witnesses have been examined by the learned trial Court. The eye witness PW-2, Sonam has turned hostile and she has not supported the prosecution case in her testimony recorded before the learned trial Court and the other witnesses are not turning up and there is no likelihood of trial being completed at an early date. As per first information report, which has been lodged on an information given by one Yakub to the first informant Sanjay that his sister has been killed by the applicant by an iron pipe of the hand-pump and the said Yakub is also not an eye witness in the alleged incident. 6. In the instant case, considering the settled principle of law regarding bail, submissions of the learned counsel for the parties, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for bail is made out. 7. The bail application is allowed. 8. In the event of arrest of the applicant- Usman involved in the aforesaid case crime shall be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :- (i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) 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/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would co-operate during trial and would not misuse the BAIL No. 27010 of 2023 2 liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 9. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of bail granted to the applicant. March 18, 2026 RKM BAIL No. 27010 of 2023 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad