HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 331 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the informant married his daughter Sabnam Khatoon with the applicant 11 years ago as per Muslim rites. Two children were born out of the wedlock. The deceased and her husband had been residing at Kichhaucha Dargah since 24.6.2024. It is alleged that on 16.7.2024, the accused-applicant informed his father that he has committed the murder of his wife i.e., the daughter of the informant. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. Except the confessional statement of the applicant, there is no other material with the prosecution. A false recovery of knife has been shown from the possession of the applicant. He submits that the complainant has been examined before the trial court and he has not supported the prosecution case during cross. Thus, there is no chance of tampering the prosecution evidence. It is further submitted that the applicant has no criminal history and he is languishing in jail since 20.7.2024 There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Versus Counsel for Applicant(s) : P.K. Mishra Counsel for Opposite Party(s) : G.A. Mohd. Zakir Husain .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) Learned A.G.A. has opposed the prayer for bail of the applicant and submitted that it is a heinous offence. Five ante-mortem injuries have been found in the post-mortem report. The cause of death is haemorrhage and shock due to ante-mortem abdominal injuries. On due consideration to the submissions advanced, perusal of the record, the post-mortem report so also the fact that except the confessional statement of the applicant as well as the recovery of knife, there is no other material with the prosecution; the complainant himself has turned hostile during cross- examination before the trial court; there appears to be no chance of tampering the prosecution evidence coupled with the fact that the applicant has no criminal history; he is languishing in jail since 20.7.2024 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Mohd. Zakir Husain involved in Case Crime No. 207 of 2024, under Section 103(1) of B.N.S., Police Station- Baskhari, District- Ambedkar Nagar, 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 which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. BAIL No. 331 of 2025 2 (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S. September 10, 2025 Shravan BAIL No. 331 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench