Neutral Citation No. - 2025:AHC:113894 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42841 of 2024 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Lochan Shukla,Siddharth Shukla Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.143 of 2024, under Sections 498A, 304B, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Etmaddaula, District Agra, during the pendency of trial. 5. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. PW-1 has been examined during trial and he has supported the prosecution story in examination-in-chief, but has resiled from his earlier statements and has been cross-examined by the public prosecutor. Subsequently, three witnesses of fact, namely, PW-2, PW-3 and PW-4, have been examined during trial and they have completely resiled from their earlier statements and have been cross-examined by the public prosecutor after declaring them hostile. 6. Learned counsel for the applicant has further stated that there is no likelihood of conviction of the applicant in the present case. There is no criminal history of the applicant. The applicant is languishing in jail since 28.05.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that PW-2, PW-3 and PW-4 have turned hostile, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Akash, 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 shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall 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 :- 15.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad