Neutral Citation No. - 2025:AHC-LKO:19727 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2929 of 2025 Applicant :- Mohd. Azad Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Atul Verma,Himanshu Tiwari,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Atul Verma, learned counsel for the applicant, Sri Ravi Srivastava, the learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0361 of 2024, under Sections 103(1) B.N.S. and Section 3/25/27/35 Arms Act registered at Police Station Majhila, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.11.2024 at 00:12 hours by Chowkidar of village Jamalpur, stating that he received information from certain villagers that due to a normal domestic quarrel between the applicant and his wife, he killed his wife at about 9 p.m. on 10.11.2024 by firing a shot with a country-made pistol.The inquest proceedings were witnessed by the applicant as well as four brothers of the deceased, all of whom stated that the deceased had died in suspicious circumstances and it appeared that she had committed suicide by shooting with a pistol. At another place, the witnesses are said to have stated that she died due to shooting during suicide/murder. The forensic team reached the spot and took into possession a country-made pistol as well as blood-stained soil. The postmortem examination report mentions a firearm wound of entry of size 2cm x 1.5cm on left side of skull and a firearm wound exit size 8cm x 6cm present on right side of skull. The cause of death has been opined to be shock and haemorrhage due to antemortem firearm injury. 4. The Forensic Evidence Collection Field Unit has collected several samples, including swab from both hands of the dead- body, a country-made pistol with an empty cartridge in its barrel and swab from both hands of the applicant on 11.11.2024. Although the informant and one Mohd. Naseem, brother of the deceased and Amina, mother of the deceased, stated that the applicant had killed his wife as he was in an illicit relationship with some other woman, in response to specific questions put by the investigating officer, they did not give any reply as to why at the time of lodging of FIR, they had stated that the deceased had committed suicide and had declined to lodged an FIR implicating the applicant or any other person. Children of the deceased stated that a quarrel had taken place between the applicant and his wife and both of them had gone to the roof-top. Although they stated that the applicant killed his wife, none of them had witnessed the incident. Some of the witnesses have stated that the deceased suspected that the applicant was having an illicit relationship due to which a quarrel had taken place. However, they also did not say that they had witnessed anything themselves. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. It para-17 of the affidavit filed in support of the bail application, it has been stated that the deceased was a left-hander. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 24.01.2025. However, the charge-sheet does not make any mention of any finding reached by the forensic science laboratory regarding the samples taken from the place of the incident. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the inquest proceedings were conducted in presence of the applicant as well as four brothers of the deceased and at that point of time, none of the four brothers of the deceased expressed any suspicion regarding any misdeed committed by the applicant; the FIR was lodged one day after the incident by village Chowkidar on the basis of suspicion only; the incident has not been witnessed by any person; the investigation stands concluded without any finding of forensic science laboratory having been placed on the case diary and that the applicant does not have any criminal history and he is languishing in jail since 13.11.2024, I am of the view that the applicant is entitled to be released on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Mohd. Azad Ali be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. . (Subhash Vidyarthi, J.) Order Date :- 8.4.2025MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench