Neutral Citation No. - 2025:AHC:86711 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9021 of 2025 Applicant :- Aditya Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Tripathi I Counsel for Opposite Party :- G.A.,Jai Prakash Prasad,Rakesh Yadav Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed on behalf of the applicant today in Court is taken on record. 2. Heard learned counsel for the applicant-accused, learned A.G.A. for the State, learned counsel appearing on behalf of informant and perused the record. 3. The present second bail application has been filed by the applicant-accused in Case Crime No.1023 of 2021, under Sections - 323, 504, 506, 307, 302, 34 I.P.C., Police Station - Baraut, District - Baghpat with the prayer to enlarge the applicant-accused on bail. The first bail application of applicant was rejected by this Court vide order dated 30.01.2024. 4. It is submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The First Information Report was lodged against applicant and co-accused Rajeev, Deepak and Vinay, alleging that on 10.05.2021 at 09:00 P.M. they came at the house of informant and assaulted deceased Manish. Learned counsel submitted that in the First Information Report, only general role has been assigned to all the four accused persons. During investigation, in his statement recorded under Section - 161 Cr.P.C., the informant has developed his version and stated that the knife injuries were caused to deceased by applicant. It is further submitted that recovery of knife shown from applicant is false and there is no independent witness of alleged recovery. It was submitted that first bail application of applicant was rejected by this Court vide order dated 30.01.2024 and trial court was directed to expedite the trial and to conclude the same as early as possible preferably within a period of one year but only two witnesses have been examined so far. Co-accused persons have already been released on bail. The applicant is in jail since 11.10.2021 and thus, he has already undergone the detention of about three and a half years. It was stated that the applicant has no criminal history and in case the applicant is granted bail, he shall not misuse the liberty of bail and will co-operate during trial. 5. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and submitted that role of causing knife injuries to deceased has been attributed to applicant and knife has also been recovered at the instance of applicant. It was submitted that the first bail application of applicant has already been rejected on merits and no new ground has been taken in this second bail application. 6. Perusal of record shows that in the first information report, general role has been assigned to all the four accused persons, including the applicant. However, during investigation, the informant has alleged that knife injuries to deceased were caused by applicant. The applicant is in jail since 11.10.2021 and during trial only two witnesses have been examined so far. The applicant has no criminal history. It appears that trial of the case is likely to take sufficient long time. 7. Considering the submissions of learned counsel for the parties and all attending facts, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed. 8. Let the applicant-accused - Aditya, involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 9. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 21.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad