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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34822 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Ms. Nasira Adil, Advocate holding brief of Sri Ramesh Kumar Singh, learned counsel for the applicants and Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. This is the second bail application filed on behalf of applicants seeking bail in Sessions Trial No. 1401 of 2025 arising out of Case Crime No. 194 of 2025, under Sections 80(2), 85, 238 of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station- Tajganj, District - Agra, during the pendency of trial. 4. The first bail application of the applicants was rejected by this Court vide order dated 14.07.2025 passed in C.M.B.A. No. 16308 of 2025. 5. Learned counsel for the applicants has argued that the applicants have been falsely implicated in the present case. The informant himself has been examined during trial as PW-1 and he has completely resiled from his earlier statements and has been cross-examined by the public prosecutor after declaring him hostile. There is no likelihood of conviction of the applicants in the present case. 6. Learned counsel has further stated that there is no criminal antecedent of the applicants. The applicants are languishing in jail since 07.04.2025 and they are ready to cooperate with trial. In case, the applicants are Versus Counsel for Applicant(s) : Rajesh Kumar, Ramesh Kumar Singh Counsel for Opposite Party(s) : G.A. Hakim Singh And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
released on bail, they will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the fact that there is no criminal history of the applicants and the informant has turned hostile. 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 the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and also the fact that the witnesses have turned hostile, without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 9. Let the applicants- Hakim Singh and Sharda Devi, who are involved in aforementioned case crime be released on bail on their 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 applicants will not tamper with the evidence during trial. ii) The applicants will not pressurise/intimidate with the prosecution witnesses. iii) The applicants will 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 applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 28, 2025 Siddhant BAIL No. 34822 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad