HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1672 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.316 of 2024, under Section 103(1) of BNS, P.S. Itiyathok, District Gonda. 3. In the F.I.R it is alleged that on 05.09.2024 at about 05:00 pm, the son of the younger sister of the informant informed that sister of the informant Nasreen @ Parveen has been murdered by unknown persons by slitting her throat. 4. Learned counsel for the applicant submits that there is no eye witness to the incident. The case is of circumstantial evidence. Cause of death in the post mortem is hemorrhage and shock due to ante morte injury. Deceased suffered one ante mortem injury. Applicant was not named in the F.I.R. Only on the basis of suspicion name of the applicant was dragged in. Three prosecution witnesses has been examined. P.W.1 during cross has not supported the prosecution case. P.W.3 has been declared hostile. It is submitted that it is a case of no evidence. Chain of circumstance is not complete. Applicant has no criminal history. He submits that the applicant is in jail since 08.09.2024. 5. Learned A.G.A. has opposed the bail prayer. 6. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 08.09.2024 having no criminal history, case is of circumstantial evidence, three Versus Counsel for Applicant(s) : Kailash Nath Mishra, Rahul Mishra Counsel for Opposite Party(s) : G.A. Alauddin @ Alawoo .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) witnesses of fact have been examined, no fact witness remains to be examined still 16 formal witnesses are yet to be examined, trial is not likely to be concluded in near future, there is no chance of tampering the evidence and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Alauddin @ Alawoo be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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. (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 under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (vi) 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. (now Section 84 BNSS) 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 of the Indian Panel Code (now Section 209 BNS). September 25, 2025 Saurabh Yadav/- BAIL No. 1672 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench