HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35208 of 2024 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard Sri Kamalendra Kumar Maurya, counsel for the applicant and Sri Nagendra Mishra, learned AGA for the State-opposite party. Perused the material available on record. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 85 of 2024, under Sections 304 I.P.C., Police Station- Tundla, District- Firozabad, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. During the course of trial the informant was examined as P.W.-1. The said prosecution witness did not support the prosecution version and was declared hostile by the trial court vide order dated 28.5.2025. The statement of P.W.-1 is annexed as Annexure SA-1 to the second supplementary affidavit dated 17.6.2025. Criminal history of the applicant has been explained in para no. 3 of the first supplementary affidavit dated 01.10.2024. The applicant is in jail since 29.01.2024 and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record this Court prima facie finds that during the course of trial the informant was examined as P.W.-1; he did not support the prosecution version and was declared hostile by the trial court vide order dated 28.5.2025. Further, the applicant has remained confined for almost one year and nine months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if Versus Counsel for Applicant(s) : Durga Singh, Kamalendra Kumar Maurya, Vikram Pratap Singh Counsel for Opposite Party(s) : G.A. Rakesh .....Applicant(s) State of U.P. .....Opposite Party(s) enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. 6. Let the applicant Rakesh, involved in the aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 27, 2025 Manish Kr BAIL No. 35208 of 2024 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad