HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5284 of 2023 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Case called out. None appears for the applicant. Learned AGA for the State is present. The present application under Section 439 Cr.P.C./483 B.N.S.S. has been filed by the applicant- Mohammad Ahamad Alias Munna seeking bail in FIR/Case Crime No. 159 of 2020, under Section 302 IPC, P.S.- Thakurganj, District- Lucknow. This is the second bail application. The first bail application of the applicant has been rejected vide order dated 11.7.2022 passed in Criminal Misc. Bail Application No. 7328 of 2020. The said order is extracted herein below:- "Heard Shri Vimal Kishor Singh, learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. This bail application has been moved by the accused/applicant- Mohammad Ahmad @ Munna for grant of bail, in Case Crime No.159 of 2020, under Section 302 I.P.C., Police Station Thakurganj, District Lucknow. Learned counsel for the applicant submitted that it is a case of false implication and the applicant has not committed any offence as alleged in the first information report. It is further submitted that apart from the evidence, statement of the daughter of the deceased and applicant who at the relevant point of time was aged about 10 years, Versus Counsel for Applicant(s) : Deep Kamal, Salman Abbas, Shaher Bano, Shahnaz Bano, Syd Shaheen Fatma, Syed Waqar Husain Counsel for Opposite Party(s) : G.A. Mohammad Ahamad Alias Munna .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Home Lko. .....Opposite Party(s) there is no other evidence available against the applicant and the statement of the daughter of the deceased and applicant could not be believed as the daughter of the applicant and deceased appears to be a tutored witness. It is also submitted that no complaint of any kind was made by the deceased to anyone in the last 13 years of his marriage with the deceased and, therefore, the allegations as contained the statement of the witness including the daughter of the applicant could not be believed and it appears to be a case of blind murder and as the dead body of the deceased has been found in the house of applicant, he has been involved in this case. The applicant is in jail since 21.03.2020. The applicant is in jail since 21.03.2020. Charge sheet has already been filed and there is no apprehension that the applicant will flee away from the process of the Court and will misuse the liberty of bail. Learned A.G.A. for the State submitted that the deceased was wife of the applicant, her dead body has been found in the house of the applicant, as per the post mortem report, three injuries have been found on the person of the deceased and as per the opinion of the doctor, the deceased had died due to Coma as a result of ante mortem head injury and the daughter of the applicant as well as of the deceased, namely, Km. Mehak who at the relevant point of time was aged about 10 years and was also an eye witness, had categorically stated that on the relevant date and time, the applicant had assaulted the deceased with iron rod and the iron rod has also been recovered on the pointing out of the applicant. Thus, having regard to the evidence available against the applicant, he appears to have been committed an heinous offence in brutal way and is not entitled for bail. Having heard learned counsel for the parties and having perused the record, it is an admitted fact that the deceased was wife of the applicant and there is a natural eye witness of the incident, namely, Km. Mehak who is the daughter of the applicant as well as of the deceased and she in her statement had attributed the role of assault with an iron rod to the instant applicant. The statement of Km. Mehak/eye witness is corroborated prima facie with the injuries found in the post mortem report. The dead body of the deceased has also been found in the house of the applicant and the iron rod has also been recovered on his pointing out. Thus, having regard to all the evidences and material available on record, I do not find any good ground to release the applicant on bail. Thus, the bail application moved on behalf of the accused- applicant is rejected. The trial court is directed to expedite the proceedings of the case and make all endevour to conclude the same as soon as possible without granting soft adjournments to either party, strictly adhering Section 309 of the Cr.P.C." BAIL No. 5284 of 2023 2 Learned AGA, based upon written instructions, submits that till date, six prosecution witnesses have been examined before the trial court. The trial may likely to conclude soon. A perusal of the record shows that the deceased, who is the wife of the applicant, is alleged to have been murdered by the applicant by iron rod. With the supplementary affidavit, the applicant has filed the statement of PW-1, Mahak who is the natural witness and has supported the prosecution case and has clearly stated that his father has committed murder of her deceased-mother by iron rod. Considering the gravity and heinous nature of the offence, the nature of injuries received by the deceased in the post-mortem report so also the fact that the PW-1, PW-2, PW-3 and PW-4 have supported the prosecution case in the trial, I am not inclined to enlarge the applicant on bail. Accordingly, this bail application is rejected. September 15, 2025 Shravan BAIL No. 5284 of 2023 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench