Neutral Citation No. - 2025:AHC:107478 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39604 of 2023 Applicant :- Naushad Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Narayan Singh,Shyam Shanker Pandey Counsel for Opposite Party :- Brij Lal Shukla,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Learned counsel for the informant is not present. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Vimal Kumar Pandey, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.79 of 2022, under Section 302 I.P.C., Police Station Bisrakh, District Gautam Budh Nagar, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have married the sister of the informant about two years before her death and thereby committed her murder on 01.02.2022. 6. Learned counsel for the applicant has argued that the FIR is delayed as it was instituted at 3:47 p.m. The allegations are per se false. The prosecution story kept on changing from one stage to another. At the stage of inquest proceedings, it was the case of the prosecution that the cause of death is strangulation, but subsequently at the time of post-mortem examination, cause of death could not be ascertained and viscera was preserved and in the viscera report, alprazolam chemical was observed, as such, the case is of suicide. 7. Learned counsel for the applicant has further stated that the applicant has nothing to do with the said offence. Much reliance has been placed on the statement of the mother of the deceased person who has categorically stated that on the date of incident, the applicant alongwith his wife and children had come to her house in the morning and left the house in the evening at about 7:00 p.m., while the inquest proceedings were already complete well before the said time at 2:30 p.m. 8. Learned counsel for the applicant has also stated that it is a clear-cut case of false implication. Only six witnesses have been examined to date and there are ten more witnesses to be examined. There is no likelihood of early conclusion of trial in near future. There is no criminal history of the applicant. The applicant is languishing in jail since 13.06.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 11. Let the applicant- Naushad, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 8.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad