Neutral Citation No. - 2025:AHC-LKO:38058 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1167 of 2025 Applicant :- Hasam Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Neeraj Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Neeraj Singh, learned counsel for the applicant and Dr. Surendra Singh, learned A.G.A. for the State. 2. Learned counsel for the applicant has filed rejoinder affidavit, today in the Court, enclosing therewith the copy of statement of PW-1 and PW-2, which is taken on record. 3. It has been contended by the learned counsel for the applicant that the present applicant (Hasam Ali) is languishing in jail since 20.07.2024 in Case Crime No. 175 of 2024 u/s 302 & 120-B IPC, P.S.-Ajgain, District-Unnao. It has been submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 4. Attention has been drawn towards the impugned F.I.R. which was lodged against unknown persons. Since there is no eye witness account, therefore, the specific allegation of murder has not been levelled against any particular person. The present applicant has been implicated on the basis of confessional statement of one Salim s/o late Siddique r/o Ajmer, Rajasthan. The role attributed to the aforesaid Salim is contract killer and as per prosecution story, the present applicant with the help of Aarfa Begam planned to eliminate the deceased, who was the step son of Aarfa Begum as the deceased was protesting the elicit relation of the present applicant with Aarfa Begum. 5. Learned counsel for the applicant has stated that except the aforesaid extra-judicial confession of co-accused Salim, there is no incriminating material to suggest that the present applicant was involved in the offence in question. The co-accused, Aarfa Begam, has been granted bail by this Court vide order dated 24.01.2025 passed in Criminal Misc. Bail Application No.698 of 2025. Threfore, on the basis of principles of parity, the present applicant may also be released on bail. The present applicant is having no prior criminal history of any kind whatsoever. The charge-sheet has been filed in this case. He undertakes on behalf of the present applicant that he shall not misuse the liberty of bail and shall cooperate with the trial proceedings properly and shall abide by all terms and conditions of bail, if so granted. 6. On the other hand, learned Additional Government Advocate has, however, opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid contention of learned counsel for the applicant. 7. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that the F.I.R. was lodged against unknown persons, there is no eye witness account, the specific allegation of murder has not been levelled against any particular person, applicant has been implicated on the basis of confessional statement of one Salim s/o late Siddique r/o Ajmer, Rajasthan, except the aforesaid extra-judicial confession of co- accused Salim, there is no incriminating material to suggest that the present applicant was involved in the offence in question, the fact that the co-accused, Aarfa Begam, has been granted bail by this Court vide order dated 24.01.2025 (supra), applicant is having no prior criminal history of any kind whatsoever, charge-sheet has been filed in this case, and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings properly, I am of the view that the applicant may be released on bail in this case. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant (Hasam Ali), involved in aforesaid case crime 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 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. (ii) 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 under Section 229-A IPC/269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 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 174-A IPC/208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicant shall not leave the country without prior permission of the Court. . (Rajesh Singh Chauhan, J.) Order Date :- 4.7.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench