Neutral Citation No. - 2025:AHC:38599 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9038 of 2025 Applicant :- Faem Khan Opposite Party :- State of U.P. Counsel for Applicant :- Abhijit Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Raj Kumar Singh, learned Advocate filed his power on behalf of informant, which is taken on record. 2. Heard Sri K.K. Singh, learned Advocate holding brief of Sri Abhijit Mishra, learned counsel for the applicant, Sri Raj Kumar Singh, learned counsel for the informant and Sri Ajeet Madhesia, learned brief holder for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 267 of 2024, under Sections 103(1), 61(2) BNS, Police Station- Nababganj, District- Farrukhabad, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter along with co-accused Rubina Begum on the ground that he was having illicit relationship with co-accused Rubina Begum, therefore, he along with co-accused committed the murder of the deceased, who was father-in-law of co-accused Rubina Begum. He further submitted that except motive and suspicion, absolutely there is no evidence against the applicant on record. 5. He further submitted that after considering entire facts of the case in detail, co-accused Rubina Begum has been released on bail by this Court vide order dated 07.03.2025 passed in Criminal Misc. Bail Application No. 8160 of 2025. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 22.12.2024. 7. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail and submitted that from the CDR of the applicant, it reflects that he used to call co- accused Rubina Begum. They further submitted that during investigation statements of witnesses Shri Kant and Dharmendra were recorded and they stated that they witnessed the applicant on the date of incident while he was running from the place of incidence but they fairly conceded, statements of these witnesses were recorded after two months. They could not dispute the fact that applicant is not having any criminal history. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant was named in the FIR along with co- accused Rubina Begum but it reflects that on the allegation that he was having illicit relationship with co-accused Rubina Begum, he has been made accused in the present matter and except suspicion, it appears, there is no cogent evidence against the applicant on record. 10. However, record suggests that two witnesses namely Shri Kant and Dharmendra stated during investigation in their statements that they witnessed the applicant on the date of incident while he was running from the spot but from the case diary, which was produced by learned AGA during the course of argument, it reflects, their statements were recorded after two months. 11. Further, co-accused Rubina Begum has already been released on bail by this Court with a very detailed order. 12. Further, applicant is not having any criminal history and he is in jail in the present matter since 22.12.2024. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Faem Khan be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 18.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad