HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 38033 of 2024 Court No. - 71 HON'BLE SANJAY KUMAR SINGH, J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. 2. By means of this second bail application, applicant Ankit Tiwari @ Dharmendra, who is involved in Case Crime No. 205 of 2021, under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kurara, District Hamirpur, seeks enlargement on bail during the pendency of trial. The first bail application of the applicant was rejected vide order dated 24.01.2023 in Criminal Misc. Bail Application No. 31744 of 2022. 3. The main substratum of argument of learned counsel for the applicant is that the applicant is languishing in jail since 24.08.2021, but his trial has not been concluded and, therefore, considering the detention period of the applicant, he may be enlarged on bail. 4. Much emphasis has been given by the learned counsel for the applicant that before the trial Court, statement of complainant and his brother, who are father and uncle of the deceased has been recorded as PW-2 and PW-3 on 18.06.2024 and 04.07.2024 but they have not supported the prosecution case, and at the request of the prosecution, they have been declared hostile, therefore, in the light of their statements, there is bleak chance of conviction of the applicant, who is languishing in jail since last more than four year, may be enlarged on bail. 5. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant reiterating the prosecution case as mentioned in the F.I.R. but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. 6. Having heard learned counsel for the parties and perused the record, I find that vide order dated 18.08.2025, report was called for from the concerned Versus Counsel for Applicant(s) : Dharm Singh Parmar Counsel for Opposite Party(s) : G.A. Ankit Tiwari @ Dharmendra .....Applicant(s) State of U.P. .....Opposite Party(s) Presiding Officer with regard to present status of the trial of the applicant. Pursuant to aforesaid order, trial court submitted its report dated 10.09.2025 mentioning inter-alia that till date, only four prosecution witnesses have been examined, which indicates that trial of the applicant is running at a very slow pace. The PW-2 and PW-3 have been declared hostile by the trial court. 7.Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties as noted above, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. 8. Let the applicant Ankit Tiwari @ Dharmendra 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 in the interest of justice:- (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. 9. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. October 14, 2025 T.S. BAIL No. 38033 of 2024 2 (Sanjay Kumar Singh,J.) Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad