Neutral Citation No. - 2025:AHC:134755 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37715 of 2024 Applicant :- Mohd Saif Alias Maya Opposite Party :- State of U.P. Counsel for Applicant :- Atul Srivastava,Mohd. Farooq Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. This is the second bail application moved on behalf of the applicant. The first Criminal Misc. Bail Application No.19668 of 2022 has been rejected by Hon'ble Mr. Justice Dinesh Kumar Singh vide order dated 02.03.2023. 2. Heard Mohd. Farooq, learned counsel for the applicant, Sri Nitish Srivastava, learned A.G.A. holding brief of Sri Manish Goyal, learned Additional Advocate General, State of U.P. and perused the record. 3. Learned counsel for the applicant submits that after rejection of the first bail application, during the trial the statement of the first informant was recorded as P.W.1 wherein he has categorically stated that all the accused persons including the applicant came to his house and assaulted upon him but somehow he ran away after jumping over the wall of 10 feet height. Learned counsel further submits that general role of assault has been assigned to all the accused person and the averments of the informant that he escaped after jumping over the wall of 10 feet, cannot be believed by a man of ordinary prudence. Learned counsel next argued that similarly situated co-accused Mohd. Aman has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 30.09.2024 passed in Criminal Misc. Bail Application No. 40846 of 2023, copy of which order has been produced before this Court and is taken on record. Apart from it, it has also been argued that the applicant is languishing in jail since last more than three years and seven month and that the trial the trial is not likely to be concluded in near future, therefore the applicant is entitled for bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 01.01.2022. 4. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 6. Let applicant Mohammad Saif @ Maya involved in Case Crime No.732 of 2021 under Sections 147, 148, 149, 323, 504, 506, 307, 308, 386, 427 I.P.C., Police Station Kareilly, District Prayagraj, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 8. The bail application is allowed. Order Date :- 8.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad