Neutral Citation No. - 2025:AHC-LKO:28910 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3579 of 2025 Applicant :- Shamim @ Chhanga Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Pawan Kumar Sharma,Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J. 1. Counter affidavit filed today is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 3. The applicant seeks enlargement on bail in FIR No. 315 of 2023, under Sections 342, 302 IPC, Police Station- Kotwali Dehat, District- Bahraich. 4. This is the second bail application as the first bail application was rejected on 04.07.2024. 5. While arguing the second bail application, learned counsel for the applicant argues that the entire case was based upon the statement of the informant that he had seen the accused persons beating the deceased. He further argues that this Court in the earlier order dated 4.7.2024 had noticed that two of the accused have been enlarged on bail merely on the ground of being a lady and the other accused being aged about 65 years. 6. He further argues that three of the witnesses, based upon their testimony, the prosecution is depending upon, have already been examined. He then brought my attention to the statement of the informant, wherein in cross examination, he stated that he had seen four persons beating the deceased, however, thereafter, he found him safe. He also stated that he is the brother of the deceased and left for home and slept. 7. Considering the fact that three of the witnesses have already been examined; in the charge-sheet, there are no eye-witnesses and the applicant is in custody since 12.09.2023 having no criminal history and there is no material on record to suggest that the applicant, if enlarged on bail at this stage, can have any adverse effect on trial, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 8. Let the applicant- Shamim @ Chhanga be released on bail in the aforesaid FIR number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. Order Date :- 16.5.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench