Neutral Citation No. - 2025:AHC:51793 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6057 of 2025 Applicant :- Chhotu Alias Jitendra Alias Chandra Pal Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Dubey,Chandra Bhan Dubey Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. The present third bail application has been filed by the applicant in Case Crime No. 66 of 2022, under Sections - 147, 148, 149, 307, 302, 452, 323, 504 I.P.C., Police Station - Hastinapur, District - Meerut, with the prayer to enlarge the applicant on bail. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. The first bail application of applicant was rejected on merits vide order dated 24.04.2023 and second bail application of applicant was rejected on 15.11.2024 for want of prosecution. It is submitted that in the first information report general role was assigned to applicant and six co-accused persons, alleging that they have trespassed in to the house of the informant and atttacked the informant and his family members and resultantly one Gaurav died and other sustained injuries. It was stated that in the first information report no specific role was assigned to the applicant. During the investigation the injured witnesses have developed their version and assigned specific role to the applicant. It was pointed out that injured Ganga Charan has assigned Balkati to the applicant but the fatal injury sustained by deceased is a lacerated wound and that injuries is not possible by Balkati, which is a sharp edged weapon. The statement of all the material witnesses have been recorded before the Trial Court. Learned counsel has referred statement of all witnesses recorded before the Trial Court and submitted that there are material contradictions regarding weapon assigned to the applicant. All the co-accused persons have already been granted bail. It was submitted that 16 witnesses have been examined but there are a number of other formal witnesses, who are yet to be examined before the Trial Court and thus, trial of the case is likely to take sufficient time. The applicant is in jail since 19.03.2022 and thus, he has already undergone detention of more than three years. It was submitted that the applicant has no criminal history and in case applicant is released on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the bail application and submitted that first bail application of applicant has already been rejected on merits. 5. Considering the submissions of learned counsel for the parties and all attending facts, particularly the period of detention, without expressing any opinion on merits, a case for bail is made out. Hence, the present third bail application is hereby allowed. 6. Let the applicant - Chhotu alias Jitendra alias Chandra Pal involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: i. The applicant will not tamper with the evidence during trial. ii. The applicant will not pressurize/intimidate the prosecution witnesses. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case. 7. In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 9.4.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad