Neutral Citation No. - 2025:AHC-LKO:43850 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9354 of 2024 Applicant :- Rizwan Khan Opposite Party :- State Of U.P. Thru.Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Raziuddin Ahmad Siddiqui,Kailash Nath Mishra,Mohd. Waris Farooqui,Rahul Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Alok Kumar Singh, learned counsel for the applicant and learned AGA for the State. 2. The present applicant is in jail since 13.05.2024, in case crime no. 133 of 2024, under Sections 302 of IPC at Police Station Dhaneypur District Gonda. 3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, wherein the allegation has been levelled against unknown person as no one has been named in the FIR, however, during the course of investigation the complicity of the present applicant has been found, therefore, charge-sheet has been filed against him. 4. Attention has been drawn towards the supplementary affidavit dated 22.05.2025, showing the certified copies of the statement of the P.W.s 1, 2, 3 and 4. Learned counsel for the applicant has stated that the P.W. 1 is the complainant/wife of the deceased, P.W. 2 is the daughter of the deceased, P.W. 3 is also daughter of the deceased. All the aforesaid witnesses are fact/relevant witnesses who have been turned hostile before the trial Court as they have not supported the version, therefore, the learned trial Court has declared them hostile. P.W. 4 is a formal witness. 5. Learned counsel has further submitted that there are total 17 prosecution witnesses, out of which only four prosecution witnesses have been examined. The applicant has no previous criminal history of any kind whatsoever. Charge-sheet has been filed. The learned counsel has further submitted that if the applicant is released on bail, he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. 6. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. 7. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 13.05.2024; three fact/relevant witnesses have been declared hostile; out of 17 prosecution witnesses, only four prosecution witnesses have been examined; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 8. The bail application is allowed. 9. Let the applicant- Rizwan Khan, 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 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 abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code/ 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./ 84 of the B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code/ 208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./ 351 of the B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (v) The applicant shall not leave India without previous permission of the court. Order Date :- 29.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench