Neutral Citation No. - 2025:AHC-LKO:38654 Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6217 of 2025 Applicant :- Sarif @ Neta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Janendra Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in FIR/ Case Crime No. 29 of 2025, under Section 103 (1) of BNS, 2023, Police Station Mitauli, District Kheri. 3. The brief facts of the case are that an FIR dated 31.01.2025 has been lodged under Section 103(1) of BNS, 2023 by the informant - Mohd. Rauf Ali against the applicant alleging therein that the applicant had killed his grand daughter, who is the daughter-in-law of the accused/ applicant. 4. Learned counsel for the applicant has submitted that after the investigation, the police has filed the chargesheet under Section 103(1) of BNS, 2023 and in pursuance thereof the cognizance was taken and the summons were issued. The charge has been framed under Section 103(1) BNS and there are five prosecution witnesses including the informant as P.W.-5, who had made a statement before the trial court that he had never ever lodged the FIR with the alleged contents therein. The grand daughter of the informant was killed by the badmashes not by the named accused person i.e. the present applicant. 5. The District Government Counsel (Criminal) also cross- examined the informant and he had made a statement during the cross-examination that his grand daughter was not killed by the applicant and he has become hostile. Similarly, with the other prosecution witnesses, they have also become hostile. So, now there is nothing against the applicant. 6. It is further submitted that the applicant is in jail since 01.02.2025 and he has no previous criminal history. Learned counsel undertakes on behalf of the present applicant that he shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted and shall abide by all terms and conditions of bail order. 7. Learned A.G.A. appearing for the State has opposed the bail application and submits that the applicant is not entitled for any relief but unable to dispute the fact that all the prosecution witnesses including the informant have become hostile and had been cross-examined by the DGC (Criminal). 8. Having heard learned counsel for the parties and having perused the material available on record, prima facie, it is found that the informant and other prosecution witnesses have become hostile at the time of recording of their statement and cross- examination by the DGC (Criminal), the copies of the statement of the prosecution witnesses have been enclosed as Annexure Nos.5 to 9 with the paper book; the present applicant is in jail since 01.02.2025; the present applicant has no previous criminal history and the undertaking that he shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail and shall abide by all terms and conditions of bail order; without expressing any opinion on merits of the issue, It is found to be a fit case for granting bail to the applicant. 9. Accordingly, the instant bail application is allowed. 10. Let the applicant (Sarif @ Neta) be released on bail in the aforesaid case crime number 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:- 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. Order Date :- 8.7.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench