Neutral Citation No. - 2025:AHC:28975 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44573 of 2024 Applicant :- Munna Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Irshad Ahmad, learned, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State- opposite party and perused the record. This is the second bail application moved on behalf of accused- applicant, Munna, with the prayer to enlarge him on bail in Case Crime No.538 of 2023, under Sections 323, 324, 307, 504 of I.P.C., Police Station Katghar, District Moradabad. First bail application of the applicant was rejected by this Court vide order dated 09.05.2024. Learned counsel for the applicant argued that after rejection of the first bail application, the statements of informant/ victim (PW-1) and witness (PW-2) have been recorded before the trial court, in which, they have turned hostile and have not supported the prosecution version. Learned counsel for the applicant submits that the applicant is in jail since 01.11.2023, as such, more than 12 months have been passed. He has no criminal antecedent. It is submitted that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail but he could not dispute the fact aforesaid facts. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the second bail application is allowed. Let the accused-applicant, Munna, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 28.2.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad