Neutral Citation No. - 2024:AHC:2813 Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51570 of 2023 Applicant :- Rahil Opposite Party :- State of U.P. Counsel for Applicant :- Javed Habib Counsel for Opposite Party :- G.A.,Deepak Dubey Hon'ble Sameer Jain,J. 1. Sri Apul Mishra, Advocate, filed today his power on behalf of the informant, which is taken on record. 2. Heard Sri Javed Habib, learned counsel for the applicant, Sri Apul Mishra, learned counsel for the informant and Sri Ravi Kant Kushwaha, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 550 of 2022, under Sections 452, 323, 504, 307, 506, 326 IPC, Police Station- Chandausi, District- Sambhal, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on 22.09.2023 and he is pressing the instant second bail application on the ground that after rejection of the first bail application of the applicant, informant and injured of the case both when appeared before the trial court then they did not support the prosecution case and both have been declared hostile. He further submitted that applicant is in jail, in the present matter, since 13.01.2023 i.e. for almost a year.

5. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the fact that after rejection of the first bail application of the applicant when informant and injured of the case appeared before the trial court then they have been declared hostile. 6. Learned counsel appearing on behalf of the informant also conceded the fact that during trial, informant and injured of the case did not support the prosecution case. 7. I have heard learned counsel for the parties and perused the record of the case. 8. This is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Bench but it reflects from the record that after rejection of the first bail application of the applicant, when informant and injured of the case appeared before the trial court then they did not support the prosecution case and both have been declared hostile. Further, applicant is in jail in the present matter since 13.01.2023 i.e. for almost a year. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Rahil 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. 12. 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. 13. 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 :- 5.1.2024 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad