HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2538 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's elder brother Hari Shankar Gupta has no child and his wife passed away long time ago. On 22.1.2020 at 10.30 am, the informant came to know that the house of his elder brother was locked from outside. It is alleged that on 22.1.2020 and 23.1.2020, he was searched but in vain. Thereafter, on 24.1.2020, when the lock of the house was broken open, he found the entire households scattered and the dead body of his elder brother was lying behind the room. Learned counsel for the applicant submits that the applicant is innocent. He is not named in the FIR. He submits that the prosecution witnesses i.e., PW- 1, PW-2 and PW-3 have been examined before the trial court. PW-1 and PW-2 have refused to identify the applicant. PW-3 has been declared hostile by the trial court. Out of 25 prosecution witnesses, only three witnesses of fact have been examined so far. It is submitted that the co-accused Dilshad has already been granted bail by a coordinate bench of this Court vide order dated 5.7.2024 passed in Criminal Misc. Bail Application No. 10709 of 2023. It is further submitted that the applicant has duly explained the criminal history in the bail application and he is languishing in jail since 1.2.2020. Versus Counsel for Applicant(s) : Gurucharan Kashyap, Pushpendra Kumar Sharma Counsel for Opposite Party(s) : G.A. Jameel @ Mallu .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko. .....Opposite Party(s) 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, the bail order of the co-accused Dilshad so also the fact that no motive has been shown against the applicant; PW-1 and PW-2 have refused to identify the applicant; PW-3 has been declared hostile by the trial court; out of 25 prosecution witnesses, only three witnesses of fact have been examined so far; thus, the trial is not likely to be concluded in the near future coupled with the fact that the applicant has duly explained the criminal history; he is languishing in jail for more than five and a half years i.e., since 1.2.2020 as well as 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- Jameel @ Mallu involved in Case Crime No. 27 of 2020, under Sections 302/394/411 I.P.C., Police Station- Saadatganj, District- Lucknow, 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 BAIL No. 2538 of 2025 2 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. 2538 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench