HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 40594 of 2024 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. List revised. Heard learned counsel for the applicant, Sri Sundeep Shukla, learned counsel for the informant, learned A.G.A. for the State and perused the entire material available on record. 2. This is the second bail application filed by the applicant. First bail application was rejected by this Court vide order dated 12.03.2024 passed in Criminal Misc. Bail Application No.19714 of 2023. 3. The applicant-Sundeep Soni has filed this second bail application with a prayer to enlarge him on bail in Crime No. 0089 of 2022, under Sections 364, 302, 201 I.P.C., Police Station Bahariya, District Prayagraj, during the pendency of the trial. 4. Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Learned counsel for the applicant further argued that by the efflux of time, the trial began and during the course of trial the statement of the informant P.W.1 was recorded, who in his cross examination has stated that Chhya his elder daughter-in-law, told her on the next day i.e. 16.05.2022 that his daughter had gone with the applicant and on the next date i.e. on 17.05.2022 F.I.R., was lodged in which he did not disclose the same in the F.I.R. inspite of the fact, that his deceased had gone with the applicant, copy of which statement of the P.W.1 is annexed at Annexure-16 to the affidavit accompanying the bail application. Learned counsel further argued that once the informant came to know on 16.05.2022 that his daughter (deceased) had gone with the Versus Counsel for Applicant(s) : Anchal Ojha, Sumit Kumar Srivastava, Vikrant Pandey Counsel for Opposite Party(s) : G.A., Sundeep Shukla Sandeep Soni .....Applicant(s) State of U.P. .....Opposite Party(s) applicant and when the F.I.R. was lodged on 17.05.2022, which itself shows that the informant had malafide intention and that the applicant has been falsely roped in the present case. It is thus contended that the applicant may be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. The applicant is in jail 04.06.2022. 5. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed. 7. Let applicant Sandeep Soni involved in aforesaid case crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. BAIL No. 40594 of 2024 2 v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. October 16, 2025 S.Ali BAIL No. 40594 of 2024 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad