Neutral Citation No. - 2025:AHC:103373 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45292 of 2024 Applicant :- Umesh Kumar Gond Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Maurya,Vinod Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sita Ram Yadav, Advocate holding brief of Sri Kuldeep Maurya, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 293 of 2024, under Sections 80(2), 85, 238 B.N.S. and 3/4 D.P. Act, Police Station- Ahirauli Bazar, District- Kushinagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The informant (father), sister and mother of the victim have been examined during trial as PW-1, PW-2 and PW-3, respectively, and they have completely resiled from their earlier statements and have been cross-examined by the public prosecutor after declaring them hostile. 5. It is further argued by learned counsel for the applicant that there is no likelihood of conviction of the applicant in the present case. The criminal history of one case assigned to the applicant has been explained in paragraph-43 of the affidavit filed with bail application. The applicant is languishing in jail since 29.7.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the fact that the witnesses have turned hostile. 7. The Supreme Court in Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case of bail is made out. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration that witnesses of fact have turned hostile during trial, 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- Umesh Kumar Gond, 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 pressurize/intimidate 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 :- 3.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad