Neutral Citation No. - 2025:AHC-LKO:48181 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10549 of 2024 Applicant :- Mohd. Rafi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Gyanendra Pathak,Abhishek Kumar Mishra,Juli Rastogi,Mohd. Islam Khan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that on 23.12.2022 at about 10.30 pm, while the complainant, who is the chowkidar of the village, was patrolling near Vilali Masjid, one Ashiya told that her son Mohd. Wasi used to beat his wife Aksha Fatima and has committed her murder by electric current. The dead body has been buried inside the house. On this information, the FIR was registered. Learned counsel for the applicant submits that the applicant is innocent. The PW-1, who is the chowkidar (complainant) as well as an independent witness, has been declared hostile. The PW-3, Asiya while giving her statement before the trial court has shown the presence of the applicant in Kanpur and not on the place of incident. The PW-2, Irshad, who is a witness of the inquest, has also not supported the prosecution case. Moreover, the complainant as well as two other fact witnesses have been examined and they have not alleged the complicity of the applicant. It is a case of circumstantial evidence. It is further submitted that the applicant has no criminal history and he is languishing in jail since 25.12.2022. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the statements of the fact witnesses PW-1, PW-2 and PW-3 so also the fact that the case is of circumstantial evidence; the applicant has no criminal history; he is languishing in jail since 25.12.2022 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 bail application is allowed. Let the applicant- Mohd. Rafi involved in Case Crime No. 850 of 2022, under Sections 302, 201 IPC, Police Station- Gola, District- Kheri, 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 will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (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 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 abuse of 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. Order Date :- 18.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench