HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9487 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit, filed by learned counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material available on record. 3. The applicant seeks enlargement on bail in F.I.R./Case Crime No. 331 of 2021, under Section 302/34 & 201 I.P.C., Polices Station Bilgram, District Hardoi. 4. This is the second bail application of the applicant, as his first bail application was rejected by this Court, vide order dated 13.08.2024 passed in Criminal Misc. Bail Application No. 4042 of 2023. In the said bail order, it was recorded that out of the 10 witnesses, the examination of P.W.-4 is going on and directions were also given for recording of the statement of the other witnesses without giving any unnecessary adjournments preferably within a period of four months. 5. While arguing the second bail application, learned counsel for the applicant has filed a supplementary affidavit indicating that as many as seven witnesses have been examined, the applicant is languishing in jail since 22.05.2021 and has no criminal antecedents, therefore, he is entitled to be released on bail. 6. Learned A.G.A. has opposed the bail application. Versus Counsel for Applicant(s) : Deepansi, Mangal Sen Yadav Counsel for Opposite Party(s) : G.A. Durgesh Gupta .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 7. Considering the fact that the seven witnesses have already been examined and the applicant has spent more than four and half years in jail and has no criminal antecedents, there is no material on record to satisfy that if the applicant being enlarged on bail can adversely affect the trial. Thus, this second bail application is allowed. 8. Let the applicant- Durgesh Gupta be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of like amount to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. October 7, 2025 Praveen BAIL No. 9487 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench