Neutral Citation No. - 2025:AHC:26283 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41027 of 2024 Applicant :- Gaurav Alias Kali Andhi Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.,Sunil Vashisth Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today, is taken on record. Heard Sri Yogendra Pal Singh, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-respondent, Sri Sunil Vashisth, learned counsel for the first informant and perused the record. This is the second bail application moved on behalf of accused- applicant, Gaurav Alias Kali Andhi, with the prayer to enlarge him on bail in Case Crime No.104 of 2024, under Sections 307, 352, 120-B of I.P.C., Police Station Sadar Bazar, District Meerut. The first bail application of the applicant was rejected by this Court vide order dated 20.08.2024. Learned counsel for the applicant argued that after rejection of the first bail application, the statements of PW-1 (first informant) and PW-2 (injured) have been recorded before the trial court. PW-2 in his cross-examination has stated that the names of accused persons were told by the police and no identification of accused persons was not done by him in jail. On the basis of the aforesaid statement, it is submitted that no identification parade was done. It is further argued that after rejection of the first bail application, the Investigating Officer has filed charge-sheet on 31.08.2024 and subsequent developments have been made in the present matter. On 19.11.2024, charges were framed, the only role assigned to the applicant is riding the motorcycle. The applicant has no concern with regard to the grievous injury sustained by the injured. The applicant is in jail since 10.06.2024 having no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail. It is submitted by learned counsel for the informant that after rejection of the first bail application no new ground has pleaded by the learned counsel for the applicant, but he could not dispute the fact that identification parade was not done. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the second bail application is allowed. Let the accused-applicant, Gaurav Alias Kali Andhi, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 24.2.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad