Neutral Citation No. - 2025:AHC-LKO:48353 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7708 of 2025 Applicant :- Saleem Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Neeraj Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the respondent State. The present application has been filed by the applicant seeking bail in Case Crime No. 175 of 2024 under Sections 302, 201 IPC, Police Station Ajgain, District Unnao. In the first information report, it is alleged that co-accused Aarfa Begum had called Nadeem, whose phone was found switched off in the morning. Thereafter, the informant came to know that in the area of Darbari Kheda, Police Station Ajgain, District Unnao, a dead body of the deceased was lying in a well near the road and a motorcycle was standing nearby. Learned counsel for the applicant submits that the present case rests on circumstantial evidence. There is no eye-witness account and the chain of circumstances is not complete. The allegation against the applicant is founded solely on the confessional statement of the applicant along with co-accused persons made in police custody, and there is no other material available with the prosecution. The role attributed to the applicant is of a contract killer, and it is alleged that with the aid of co-accused Aarfa Begum and Hasam Ali, he eliminated the deceased, who was the step-son of Aarfa Begum. It is further submitted that co-accused Aarfa Begum and Hasam Ali have already been granted bail by a coordinate Bench of this Court (Annexure-14). The applicant has no criminal antecedents and considering that the chain of circumstances is not complete, he deserves to be enlarged on bail. Learned A.G.A. has opposed the bail prayer of the applicant and submitted that the post-mortem report records five ante-mortem injuries and the cause of death has been shown as shock and hemorrhage due to ante-mortem injuries. Perused the record. On due consideration of the bail orders of the co-accused Aarfa Begum and Hasam Ali, who have been granted bail vide orders dated 24.01.2025 and 04.07.2025 passed by a coordinate Bench of this Court, and the fact that the prima facie chain of circumstances does not appear to be complete, the applicant has no criminal antecedents, he has been in jail since 19.07.2024 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the instant bail application is allowed. Let the applicant Saleem Khan involved in aforesaid case crime number be released on bail 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, which are being imposed in the interest of justice:- (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 IPC/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 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 IPC/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 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. The present applicant shall not leave the country without prior permission of the Court. Order Date :- 19.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench