Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9161 of 2024 Applicant :- Dayashankar @ Baba Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Apoorva Jyoti,Aman Shankar,Neeraj Kumar Rawat Counsel for Opposite Party :- G.A.,Santosh Kumar Yadav Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant as well as the learned Additional Government Advocate for the State and perused the record. The present bail application has been moved on behalf of the applicant, Dayashankar @ Baba, seeking bail in Case Crime No. 127 of 2023, under Section 302 IPC, P.S. Ghunghter, District-Barabanki. Learned counsel for the applicant submits that the prosecution case is that on 05.06.2023, the informant and his son left the village to attend a marriage, while the informant's wife, Ramakanti, remained at home. At about 10:00 PM, when they returned, they found the house door locked. After knocking and receiving no response, they slept outside. The next morning, when the door was still not opened, the informant climbed onto the roof and saw that his wife had been murdered with a sharp weapon to her neck. Further, learned counsel for the applicant submits that the applicant is innocent and there is no eyewitness to the incident. The case is based on circumstantial evidence and the chain of circumstances is not complete. 9 out of 13 prosecution witnesses have been examined. The trial is proceeding at a very slow pace. The applicant has no criminal antecedents and has been in jail since 07.06.2023. Learned counsel for the applicant further submits that the last-seen evidence was given by Rajwati and Asha Rani, who have been deposed as PW-8 and 9 before the trial court and have been declared hostile. Learned A.G.A. has opposed the prayer for bail. Perused the record. On due consideration of the fact that 9 out of 13 prosecution witnesses have been examined, the case relies on circumstantial evidence, the trial is progressing slowly, and PW-8 and PW-9 have been declared hostile, along with the fact that the applicant has no criminal antecedents and has been in jail since 07.06.2023, and considering the slow progress of the trial and the judgment passed in Javed Gulam Nabi Shaikh vs. State of Maharashtra and another: Criminal Appeal No. 2787 of 2024, this Court finds it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant, Dayashankar @ Baba, be released on bail in the aforesaid Case Crime No. 127 of 2023, subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned, with the following conditions: (i) The applicant shall not tamper with the evidence during the trial. (ii) The applicant shall not pressurize or intimidate the prosecution witnesses. (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 to 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 an abuse of the 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 their counsel. In case of their absence, without sufficient cause, the trial Court may proceed against them under Section 229-A IPC (now Section 269 BNS). (vi) In case the applicant misuses the liberty of bail during trial and, in order to secure their presence, a proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and they fail to appear before the Court on the date fixed in such proclamation, then the trial Court shall initiate proceedings against them, in accordance with law, under Section 174-A IPC (now Section 209 BNS). Order Date :- 21.8.2025 Haseen U. Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench