Neutral Citation No. - 2025:AHC:145259 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38312 of 2024 Applicant :- Naveen Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Agrahari,Sudhir Mehrotra Counsel for Opposite Party :- G.A.,Kushagra Srivastava,Rohit Rai,Shahrukh Hon'ble Krishan Pahal,J. 1. None is present on behalf of the informant even in the revised call. 2. Heard Sri Sudhir Mehrotra, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State and also perused the material placed on record. 3. This is the third bail application filed on behalf of the applicant seeking bail in Case Crime No. 0485 of 2021, under Sections 498- A & 304-B of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Hapur Dehat, District - Hapur, during the pendency of trial. 4. The first and second bail applications of the applicant were rejected by the coordinate Bench of this Court vide orders dated 31.10.2022 and 28.07.2023 passed in C.M.B.A. Nos. 38539 of 2022 and 30696 of 2023, respectively. 5. As a new ground, learned counsel for the applicant has stated that the period of incarceration of the applicant is about three years ten months as he is in jail since 08.10.2021. The trial is moving at a snail's pace as out of 18 witnesses as per the charge-sheet, only seven witnesses have been examined and their cross-examination are going on. The applicant has no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 6. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 7. This Court had called for a report regarding the status of trial and in compliance thereof, a report has been submitted by the Trial Court concerned on 14.08.2025. As per the said report, seven witnesses have been examined. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the fact that the period of incarceration of the applicant as he is incarcerated for about three years ten months and out of 18 witnesses, only seven witnesses have been examined, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Naveen, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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:- 22.8.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad