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Neutral Citation No. - 2025:AHC:71678 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40398 of 2024 Applicant :- Hament Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Srivastava,Ramesh Kumar Mishra Counsel for Opposite Party :- G.A.,Satyam Maurya,Vishal Agarwal Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State, Sri Vishal Agarwal, learned counsel for the complainant as well as perused the material brought on record. 2. This is second bail application. The Crl. Misc. First Bail Application No. 4746 of 2024 was rejected by Hon. Mrs. Sadhana Rani (Thakur) J. vide order dated 10.05.2024. The said incident was occurred on 14.12.2022 at 7.00 P.M. and the victim was discharged on 21.12.2022. According to the charge sheet, there are as many as five witnesses of fact but till date out of five witnesses only one witness has been examined.The applicant was having no weapon and also no motive has been assigned to the applicant for the commission of the alleged offence. In fact the injured sustained injury accidentally in some other manner but due to dispute of drainage between the applicant and informant, who are neighbors, the applicant has been falsely implicated in the present case with ulterior motive. The applicant is having to criminal history and he is in jail since 23.12.2022. 3. Learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant- Hament Kumar, be enlarged on bail in Case Crime No. 677 of 2022, under Sections 323, 307, 452 I.P.C., Police Station- Jasrana, District- Firozabad on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with 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. vi) Trial court is directed to make all possible efforts/ endeavour and try to conclude the trial expeditiously. 6. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court. Order Date :- 5.5.2025 RPD Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad