Neutral Citation No. - 2025:AHC-LKO:25847 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9215 of 2024 Applicant :- Arshad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Alok Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Kamal Kishore Tiwari, Advocate holding brief of Sri Alok Kumar Srivastava, learned counsel for the applicant and Sri Rajeev Kumar Verma, the learned A.G.A.-I for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime no.31 of 2023, under Sections 302, 201 I.P.C., registered at Police Station Sairpur, District Lucknow. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 06.04.2023, stating that half burned dead body of a girl was found in a vacant plot of land in the morning of 06.04.2023. 4. The post mortem examination report mentions superficial to deep burn injury present over head, face, neck, front of chest, left and right lateral sides of chest, abdomen and both upper limbs. Carbon and soot particles were present over injuries. No red line of demarcation was seen under the injuries. The cause of death could not be ascertained. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 6. The State has filed a counter affidavit opposing the bail application and it has been stated in it that during investigation, call detail records were examined and it came to light that the applicant was present at the time of incident near the place of incident. 7.The learned A.G.A-I has produced a copy of the relevant extract of case diary wherein after examining the CCTV footage the investigation officer has recorded that two boys and a girl wearing a burka were seen going towards the place of the incident and after some time, both the boys were seen returning and the girl wearing the burka did not come back. 8. From a perusal of CCTV footage, the girl was identified as Saba Khan and during investigation it came to light that she had been killed by the applicant, who was her husband and the other accused person. The deceased's father and brother identified the dead body. Father of the deceased stated that the deceased had gone away with the applicant about 8-9 months ago and had started living with him as his wife. He had severed all relations with his daughter. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant's presence has been found at the place of the incident; in his statement, the applicant has stated that the deceased was living with him as his wife; although the incident took place on 05.04.2023 and the F.I.R was lodged on 06.04.2023 by some other person, the applicant did not make any attempt to know the whereabout and well being of his wife till his arrest on 13.04.2023. 10. Without making any observations which may affect the merits of the case, this Court is of the considered view that the aforesaid facts do not warrant exercise of discretion of this Court in favour of the applicant by enlarging the applicant on bail. 11. Accordingly, this bail application stands rejected. (Subhash Vidyarthi,J.) Order Date :- 5.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench