Neutral Citation No. - 2025:AHC:39864 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3900 of 2024 Applicant :- Ratnesh Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Rejoinder affidavit filed today by learned counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The instant second bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 329 of 2022, registered under Section 307 I.P.C., Police Station- Kotwali, District- Mainpuri, during pendency of the trial. 4. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. This is the second bail application. First bail application of the applicant being Criminal Misc. Bail Application No. 48395 of 2022 was rejected by this Court vide order dated 09.02.2023. He next submitted that this bail application has been filed with new ground that prosecution witnesses are not supporting the prosecution case as vide order dated 02.03.2023, charges were framed under Section 307 I.P.C., thereafter, prosecution witnesses are not appearing for evidence, which is apparent from perusal of order-sheet. He next submitted that more than one and half year has been passed but prosecution has not produced any witness for evidence. Further, due to non-appearance of prosecution witnesses, trial is being delayed. Applicant is languishing in jail since 22.07.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co- operate in trial. 5. Learned A.G.A. has opposed the bail prayer of the applicant. 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- Ratnesh Tripathi, who is involved in the aforesaid 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 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. (iii) 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 :- 19.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad