Neutral Citation No. - 2025:AHC:71968 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10389 of 2025 Applicant :- Subhash Alias Lala Opposite Party :- State of U.P. Counsel for Applicant :- Ram Sajiwan Prajapati,Satish Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard leaned counsel for the applicant-accused, learned A.G.A. for the State and perused the record. 2. The present second bail application has been filed by the applicant-accused in Case Crime No. 112/2022, under Section 302 IPC, Police Station-Bhojpur, District- Moradabad with the prayer to enlarge the applicant-accused on bail. 3. The first bail application of applicant was rejected by this Court vide order dated 14.03.2024, which is reproduced as under :- "1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. The present bail application has been filed on behalf of the applicant in case crime No. 112/2022, under Section 302 IPC, police station Bhojpur, District Moradabad with the prayer to enlarge the applicant on bail. 3. It has been argued by learned counsel for the applicant that the applicant-accused is innocent and he has been falsely implicated in this case. It was submitted that applicant is father of deceased girl. As per prosecution version, deceased has gone at the house of one Veerbhan and applicant and his son Mohit have committed murder of deceased by assaulting her with axe. Learned counsel submitted that incident took place at the house of said Veerbhan and the said Veerbhan has not reported the matter to the police. The first information report has been lodged by husband of Village Pradhan. It was further submitted that applicant has been falsely implicated due to enmity with the husband of Village Pradhan. The allegation that applicant and his son have committed murder of deceased by attacking her with axe, is wholly false. It was stated that in fact the deceased was murdered by Veerbhan and his family members and in order to save themselves, false report was lodged against applicant and his son. Lastly, it was submitted that the applicant is in judicial custody since 14.04.2022, having no criminal history, and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail. 4. On the other hand, learned A.G.A. has opposed the prayer for bail and argued that it is a case of honour killing. There is eye witness account to the effect that applicant and his son Mohit have committed murder of deceased at the house of Veerbhan by attacking her with axe. The recovery of axe has also been effected at the instance of applicant. The deceased has sustained as many as six injuries, including five incised wounds. 5. Considering submissions of learned counsel for the parties, nature of accusations, gravity of the offence and all attending facts and circumstances of the matter, no case for grant of bail is made out. 6. Accordingly, the instant bail application filed on behalf of applicant Subhash @ Lala is rejected. 7. However, keeping in view the period of detention of the applicant, the Trial Court is directed to expedite the trial and to decide the same expeditiously, preferably within a period of ten months from the date of production of copy of this order. 8. A copy of this order be transmitted to the concerned trial court for necessary compliance." 4. It is submitted by learned counsel for the applicant that the applicant-accused is innocent and he has been falsely implicated in this case. It was submitted that applicant is father of deceased girl. As per prosecution version, deceased has gone to the house of one Veerbhan and applicant and his son Mohit have committed murder of deceased by assaulting her with axe. Learned counsel submitted that incident took place at the house of said Veerbhan and the said Veerbhan has not reported the matter to the police. The first information report has been lodged by husband of Village Pradhan. It was further submitted that applicant has been falsely implicated due to enmity with the husband of Village Pradhan. It is further submitted that being father of deceased, applicant has no motive to commit murder of deceased. While rejecting the first bail application of applicant vide order dated 14.03.2024, the trial court was directed to expedite the trial and to conclude the same preferably within a period of ten months but trial has not been concluded so far. There are 24 prosecution witnesses and only nine witnesses have been examined so far. It was also stated that co- accused Mohit was assigned role of assaulting the deceased with axe and applicant was assigned with knife. There is contradictory statement of witnesses regarding the weapon assigned to the applicant. The applicant has no criminal history. It was submitted that applicant is in jail since 14.4.2022 and trial of the case would take sufficient long time and that in case the applicant is granted bail, he shall not misuse the liberty of bail and will co-operate during the trial. 5. Learned A.G.A. has opposed the prayer for bail and submitted that the first bail application of applicant has already been rejected on merits. The applicant is father of deceased and that role of causing death to deceased has been assigned to the applicant and the co-accused Mohit. 6. Considering the submissions of learned counsel for the parties, period of detention, stage of trial and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed. 7. Let the applicant-accused - Subhash @ Lala involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 5.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad