HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11049 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that on 10.6.2024 at about 01.30 am in the night, the informant's maternal uncle (Mama) Mohd. Shakil came drunk and started quarelling with his wife Reshma. The informant's maternal grandmother (Nani) lay outside the hut and after sometime, they saw that the accused Shakil was sitting on his wife after throttling her with a dupatta. On raising alarm, the accused Shakil was removed from Reshma and she was taken to the hospital from where she was referred to Medical College where she was declared dead. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. The post-mortem report belies the statement of the eye-witness Muskan who has stated that the deceased was done to death by throttling by the accused, however, the cause of death is asphyxia as a result of ante-mortem hanging. He submits that the complainant while being examined before the trial court as PW-1 has not supported the prosecution case and has been declared hostile. Thus, there appears to be no chance of tampering the prosecution evidence. It is further submitted that the applicant has no criminal history and he is languishing in jail since 10.6.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the Versus Counsel for Applicant(s) : Pramod Kumar Yadav Counsel for Opposite Party(s) : G.A. Mohd. Shakeel @ Ranu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 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 so also the fact that the post-mortem report, prima facie, does not corroborate the statement of the alleged eye-witness Muskan; the complainant while being examined before the trial court as PW-1 has been declared hostile; there appears to be no chance of tampering the prosecution evidence coupled with the fact that the applicant has no criminal history; he is languishing in jail since 10.6.2024 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 bail application is allowed. Let the applicant- Mohd. Shakeel @ Ranu involved in Case Crime No. 242 of 2024, under Section 302 IPC, Police Station- Thakurganj, District- Lucknow, 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. BAIL No. 11049 of 2024 2 (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. September 18, 2025 Shravan BAIL No. 11049 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench