Neutral Citation No. - 2025:AHC:88411 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40775 of 2024 Applicant :- Smt Shabnam Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Mishra,Syed Abid Ali Naqvi Counsel for Opposite Party :- G.A.,Manoj Kumar Mishra Hon'ble Dr. Gautam Chowdhary,J. 1. Supplementary affidavit filed by learned counsel for the applicant, today in the Court, is taken on record. 2. This is the second bail application moved on behalf of the applicant for enlarging him on bail in Case Crime No.678 of 2022 under Section 302 I.P.C. registered at P.S.Lisari Gate, District Meerut. The first Criminal Misc. Bail Application No. 40013 of 2013 has been rejected by this Court vide order dated 13.02.2024. 3. Heard learned counsel for the applicant, learned counsel for the State and perused the material on record. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present. Learned counsel further submits that by the efflux of time, the trial has commenced and during the course of trial, the statement of PW.3 S.D.M. was recorded, who has stated that the deceased has supported the prosecution story but at the same time, the P.W.3 has admitted that during the dying declaration, the doctor has mentioned about the mental health of the deceased and further the doctor has not mentioned the date upon the certificate. Learned counsel further submits that the mental health has to be recorded, while taking down the dying declaration and in support of his contention, he has relied upon a decision of Hon'ble Apex Court reported in 2023 Live Law (SC) 698 Irfan @ Naka Vs. State of Uttar Pradesh and others. He further submits there are as many as 24 prosecution witness and only three witnesses have been examined and that trial is progressing at a slow pace and has relied upon the judgment rendered by Hon'ble the Supreme Court in the case of Indrani Pratim Mukerjea Vs. Central Bureau of Investigation and another passed in Special Leave to Appeal (Crl.) No. 1627 of 2022 to submit that prolonged incarceration of a person as an under trial is against his fundamental rights under Article 21 of the Constitution of India. It is submitted that there is no occasion now for the applicant to tamper with any witness or to flee from judicial process. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 01.04.2023 having no criminal history. 5. Per contra, learned AGA opposed the prayer for bail and argued that the specific allegation has been levelled against the applicant, therefore the applicant is not entitled for bail. 6. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 7. Let the applicant- Smt. Shabnam, be released on bail in Case Crime No.678 of 2022 under Section 302 I.P.C. registered at P.S.Lisari Gate, District Meerut on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 9. The bail application is allowed. Order Date :- 23.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad