Neutral Citation No. - 2025:AHC:107733 Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44299 of 2024 Applicant :- Anupam @ Mohit Opposite Party :- State of U.P. Counsel for Applicant :- Km. Ashra,Mohd. Samiuzzaman Khan,Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit, filed today, is taken on record. 2. Heard Mod. Samiuzzaman Khan, learned counsel assisted by Ms. Ashra, counsel for the applicant ; learned A.G.A. for the State and perused the record. 3. The instant second bail application has been moved on behalf of the applicant with a prayer to release him on bail in Case Crime No.238 of 2023, under Section 304 I.P.C., P.S. Kakod, District Bulandshahr, during pendency of the trial. 4. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The allegation alleged in the F.I.R. is false and baseless. It is next submitted that identically placed co-accused, namely, Sachin @ Amit has been granted bail by Co-ordinate Bench of this Court vide order dated 10.06.2025 passed in Crl. Misc. Bail Application Nos.16333 of 2025, hence the applicant is also entitled for bail on the ground of parity. On perusal of order sheet,which has been filed through supplementary affidavit, it is apparent that prosecution is unable to produce evidence, as P.W.l examination has been closed on account of non appearance on the date fixed. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 30.10.2023 and in case, he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial. 5. On the other hand, learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused 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. 7. Let the applicant, Anupam @ Mohit 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 the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (ii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 8.7.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad