Neutral Citation No. - 2025:AHC:82859 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5824 of 2025 Applicant :- Sachin Aadiwahsi Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kumar Mishra,Narendra Singh,Praveen Kumar Tripathi,Saroj Kashyap Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Narendra Singh, learned counsel for the applicant and Sri B.P. Singh, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 235 of 2024, under Sections 103(1) B.N.S., Police Station Karchhana, District Prayagraj during pendency of the trial. 4. Learned counsel for the applicant submits, however, applicant was named in the FIR but it reflects, FIR is based on the information given by the daughter of the informant namely Sangeeta and it appears, however during investigation when the statement of Sangeeta and Priyansh were recorded then they stated that applicant by causing injury committed the murder of husband of Sangeeta but during trial when theses witnesses appeared before the trial court as PW-1 and PW-2 then they did not support the prosecution case and have been declared hostile and their statements recorded by the trial court have been annexed along with supplementary affidavit filed in support of instant bail application. 5. He further submits, except the witnesses Sangeeta and Priyansh there is no other eye witness account. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 16.07.2024 i.e. for last more than ten months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, it reflects, Sangeeta and Priyansh were the eye witnesses and they during investigation stated that applicant by causing injuries committed the murder of the deceased but record suggests that when these witnesses appeared before the trial court then they did not support the prosecution case and have been declared hostile. 10. Further, except these two witnesses there is no other eye witness account on record. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 16.07.2024 i.e. for last more than ten months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Sachin Aadiwahsi be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 17.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad