Neutral Citation No. - 2025:AHC:35898 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44610 of 2024 Applicant :- Pramod Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Yogesh Srivastava, Advocate holding brief of Shri Ajay Kumar Dwivedi, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the State-respondent. 2. The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.40 of 2023, under Sections 302, 201, 34 I.P.C., Police Station Hathras Kotwali, District Hathras, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court after considering the CCTV Footage in which applicant was last seen alongwith deceased and co-accused Bantu but today after considering the evidence of CCTV Footage, co-accused Bantu has been released on bail by this Court vide order passed in Criminal Misc. Bail Application No.44544 of 2024 and on facts, case of applicant is at par with him. 4. He further submits that however, applicant was having no criminal history but at the time of arrest in the present matter, he has also been made accused for offence under Section 307 I.P.C. and it was a case of police encounter no injury case. 5. He further submits that applicant is in jail in the present matter since February, 2023 i.e. for last more than two years. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for both the parties and perused the record of the case. 8. However, this is the second bail application filed on behalf of the applicant but it reflects, after rejection of his first bail application today after considering the evidence of CCTV Footage, on the basis of which, his first bail application was rejected, co- accused Bantu has been released on bail by this Court vide order passed in Criminal Misc. Bail Application No.44544 of 2024 and on facts, case of applicant is at par with him. 9. Further, however, applicant was having no previous criminal history but at the time of arrest in the present matter, he has also been made accused for offence under Section 307 I.P.C. and it reflects, it was a case of police encounter no injury case. 10. Further, applicant is in jail in the present matter since February, 2023 i.e. for last more than two years. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Pramod, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 11.3.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad