HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 38736 of 2024 Court No. - 51 HON'BLE RAJ BEER SINGH, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for applicant, learned counsel for informant, learned A.G.A. for State and perused the material brought on record. 3. The present second bail application has been filed on behalf of applicant in Sessions Trial No.524 of 2021, arising out of Case Crime No.39 of 2021, under Sections 302, 307 IPC, Police Station Bahariyabad, District Ghazipur, with the prayer to enlarge the applicant on bail. 4. The first bail application of applicant was rejected by this Court vide order dated 02.01.2024. 5. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The first information report was lodged by the informant against applicant and one unknown person, alleging that on 23.03.2021 at 10.00 PM, while informant's son Sarvesh Yadav (deceased) along with Deepak Yadav was coming on motorcycle, the applicant has fired two bullets at the stomach of Sarvesh Yadav and he has also fired a bullet at injured Deepak Yadav and that when the informant reached at the spot, Sarvesh Yadav was alive and he has told that applicant Manohar Yadav and his friend have fired bullets at him and at Deepak Yadav. Learned counsel for applicant submitted that there is contradiction between the oral evidence and medical evidence and that there is no credible evidence against applicant. There is no independent witness of alleged recovery of country made pistol. Versus Counsel for Applicant(s) : Awadhesh Kumar Malviya Counsel for Opposite Party(s) : Amit Kumar Yadav, Bheshaj Puri, G.A. Manohar Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) 6. It is further submitted that first bail application of applicant was rejected by this Court vide order 02.01.2024 and trial court was directed to expedite the trial and decide the same preferably within a period of one year but the trial has not been concluded so far. Applicant is in jail since 16.05.2021 and thus he has already undergone detention of about 4 years and 5 months. Applicant has no criminal history. During trial injured witnesses P.W.-3 Deepak Yadav has not supported prosecution version and turned hostile. All material witnesses have already been examined and there is no possibility of tampering with evidence. It was submitted that there are number of formal witness, who are yet to be examined, and thus trial of the case is likely to take sufficient long time. Referring to these facts, it was submitted that applicant may be granted bail. 7. Per contra, learned A.G.A. and learned counsel for informant have vehemently opposed the bail application and submitted that role of firing to the deceased has been assigned to the applicant and that the first bail application of applicant has already been rejected on merit. Referring to facts of the matter, it was submitted that no case for bail is made out. 8. Considering the submissions of learned counsel for the parties and all attending facts, particularly the period of detention and stage of trial, without expressing any opinion on merits, a case for bail is made out. Hence, the present second bail application is hereby allowed. 9. Let the applicant Manohar Yadav involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: i. The applicant shall not tamper with the evidence during trial. ii. The applicant shall not pressurize/intimidate the prosecution witnesses. iii. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not try to contact, threat or otherwise influence the complainant or any of the witness of the case. 10. In case of breach of any of the above condition, the court concerned shall BAIL No. 38736 of 2024 2 be at liberty to cancel the bail of applicant, in accordance with law. October 9, 2025 CS/- BAIL No. 38736 of 2024 3 (Raj Beer Singh,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad