Neutral Citation No. - 2025:AHC:23954 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44345 of 2024 Applicant :- Mohd Rafi Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Pratap Singh,Amarjeet Choudhary Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant in Court today, is taken on record. 2. Heard Sri Amarjeet Choudhary, learned counsel for the applicant and Sri Manav Chaurasia, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 221 of 2024, under Sections- 304, 323 and 504 IPC, Police Station- Kanth, District- Moradabad, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter along with two others including his brother i.e. co-accused Mohd Shafi and he never caused injury to the deceased. 5. He further submitted however, during investigation three eye witnesses supported the prosecution version but during trial, all the three witnesses have been declared hostile and their statements recorded before the trial court have been annexed along with the supplementary affidavit and therefore, no evidence is left against the applicant and chances of his conviction is quite remote in the present matter. 6. He next submitted that the applicant is not having any criminal history and in the present matter he is in jail since 22.6.2024 for last eight months. 7. Per contra, learned AGA, however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant that all the three eye witnesses have been declared hostile during trial and applicant is in jail for last eight months. 8. I have heard both the parties and perused the record of the case. 9. However, applicant is son-in-law of the deceased and as per prosecution he along with his brother and one another assaulted upon the deceased due to which, he sustained injury and died and incident was witnessed by three eye witnesses but all the three eye witnesses during trial did not support the prosecution case and have been declared hostile. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 22.6.2024 for last eight months. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Mohd Rafi 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 activities. 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 :- 18.2.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad