HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2064 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. This is the third bail application. The first bail application was rejected vide order dated 10.11.2022 passed in Criminal Misc. Bail Application No. 4768 of 2019. While rejecting the first bail application, the Court had directed the trial court to expedite the trial, if possible, within six months. The second bail application was rejected vide order dated 15.07.2024 passed in Criminal Misc. Bail Application No. 10003 of 2023. While rejecting the second bail application, a direction was again issued to the trial court to conclude the trial within a further period of six months. The aforesaid order dated 10.11.2022 passed in the first bail application is being extracted herein below:- "Pleadings have already been exchanged between the parties and are on the record. Heard Shri Sukh Deo Singh, the learned counsel for the applicant, Shri Diwakar Singh, the learned A.G.A. for the State and perused the record. The applicant, Shamsher Khan @ Shamsheer Khan, has moved the present bail application seeking bail in Case Crime No. 306 of 2018 (Session Trial No. 90 of 2019), under Section 302 I.P.C., Police Station Kotwali Nagar, District Sultanpur. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. No such incident took place as alleged by the prosecution. The applicant is the elder brother of the husband of the deceased. General allegation for setting on fire the deceased has been made against all the Versus Counsel for Applicant(s) : R.B.S. Rathaur, Sachin Kumar Counsel for Opposite Party(s) : G.A. Shamsher Khan @ Shamsheer Khan .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) accused persons named in the F.I.R. No specific allegation has been made as to which accused sprinkled kerosene oil upon the deceased or who has put her on fire. The applicant is in jail since 05.12.2018 with no criminal history. Though the trial has started in the year 2019 but till date only six prosecution witnesses have been examined out of nineteen. All the prosecution witnesses, P.W.1-Hakimunnisha (complainant), P.W.2-Afroz Jahan, P.W.3-Suleman, P.W.4-Irfan Khan, P.W.5-Mohd. Firoz, have been declared hostile by the trial court and only formal witnesses are yet to be examined. Learned A.G.A. submits that the deceased in her dying declaration has specifically and clearly stated that applicant and his wife after pouring upon her kerosene oil had set her on fire and thereafter closed the door of the room from outside, when the deceased cried her son came there and opened the door, thereafter, she ran away to outside to save her life and one woman of neighbourhood put water on the deceased and extinguished the fire. All the prosecution witnesses have already been examined and only formal witnesses are yet to be examined, and there is chance of early conclusion of trial. Considering the rival submissions of the parties, the nature of allegations made in the F.I.R., the nature and gravity of the offence, the complicity of accused-applicant and all other facts and circumstances of the case and considering that the deceased in her dying declaration has clearly stated against all the accused including applicant for putting her on fire after pouring kerosene oil upon the deceased, I find no good ground to release the applicant on bail. In view of the above, the bail application of the applicant is rejected. The trial court is directed to make its endeavour to conclude the trial expeditiously, if possible, within six months from the date of production of certified copy of this order, without granting any unnecessary adjournments to either of the parties except if there is any order of the Higher Court staying the proceedings of case. Let a copy of this order be sent to the court below for necessary compliance." Learned counsel for the applicant submits that till date, the trial has not concluded. Out of 18 prosecution witnesses, only 9 witnesses have been examined so far. All the witnesses of fact have been examined. The PW-5 has been declared hostile by the trial court. He submits that the directions for expediting the trial were issued by the Court twice, but the trial has not yet concluded. Submission of learned counsel for the applicant is that as per the BAIL No. 2064 of 2025 2 prosecution case and according to the dying declaration of the deceased, while the deceased was set on fire, the door of the room was locked from outside. When the deceased raised alarm, the son of the deceased opened the door. Thereafter, the deceased ran away outside to save her life and her neighbour poured water upon her. Due to that, she was saved. Both the son of the deceased as well as the neighbour have not been examined by the prosecution, rather they have been withheld. He submits that still 9 prosecution witnesses are yet to be examined. The trial is not likely to be concluded in the near future. It is further submitted that the applicant has no criminal history and he is languishing in jail for more than six and a half years i.e., since 5.12.2018. 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. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, long period of incarceration gone into by the applicant so also the fact that out of 18 prosecution witnesses, only 9 witnesses have been examined before the trial court so far; all the witnesses of fact have been examined; the PW-5 has been declared hostile by the trial court; there appears to be no chance of tampering the prosecution evidence; two important witnesses of fact have been withheld by the prosecution coupled with the fact that the applicant has no criminal history; he is languishing in jail since 5.12.2018 as well as in view of the judgement of the Apex Court in re: Javed Gulam Nabi Shaikh vs. State of Maharashtra, 2024 SCC OnLine SC 1693 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- Shamsher Khan @ Shamsheer Khan involved in Case Crime No. 306 of 2018, under Section 302 I.P.C., Police Station Kotwali Nagar, District Sultanpur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court BAIL No. 2064 of 2025 3 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. (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 8, 2025 Shravan BAIL No. 2064 of 2025 4 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench