Neutral Citation No. - 2025:AHC:79326 Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34222 of 2024 Applicant :- Mohammad Azzam Opposite Party :- State of U.P. Counsel for Applicant :- Anjani Kumar Rai,Pradeep Chauhan,Shiva Kant Srivastava Counsel for Opposite Party :- G.A.,Prem Chandra Patel,Vindhyachal Singh Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the record. 2. This is second bail application of the applicant Mohammad Azzam with the prayer to release him on bail in Case Crime No. 225 of 2022, under Sections 304, 452, 323 I.P.C., Police Station Khetasarai, District Jaunpur. The first bail application of the applicant was rejected by this Court vide order dated 27.02.2023 passed in Criminal Misc. Bail Application No. 7619 of 2023. 3. It is submitted by learned counsel for the applicant that all the prosecution witnesses have been examined and the case is pending at the stage of recording of evidence of the applicant under Section 313 Cr.P.C. It is further submitted that the applicant has to adduce the defence evidence and since all the prosecution witnesses have been examined, there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next submitted that the applicant is languishing in jail since 27.11.2022 having no criminal history to his credit and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. In support of his submissions, learned counsel for the applicant has relied upon the judgments of this Court in the cases of Mohd. Qasim @ Kashif Vs. State of U.P. passed on 27.01.2025 in Criminal Misc. Bail Application No. 11059 of 2024 and Prabhat Gangwar Vs. State of U.P. passed in Criminal Misc. Bail Application No. 2586 of 2023. 4. Per contra, learned A.G.A. for the State and learned counsel for the informant opposed the prayer for bail of the applicant but they could not dispute the aforesaid facts 5. Having heard the learned counsel for the parties and keeping in view of the facts and circumstances of the case and also the fact that all the prosecution witnesses have been examined and there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence, I am inclined to release the applicant on bail. Hence, the bail application is hereby allowed. 6. Let the applicant-Mohammad Azzam, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. 7. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 14.5.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad