Neutral Citation No. - 2025:AHC:102368 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7303 of 2024 Applicant :- Jaglal Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- Anit Kumar Pal,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. None is present on behalf of the informant. 2. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 3. Heard Sri Raj Kishor Misra, Advocate holding brief of Sri Vijay Prakash Chaturvedi, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 214 of 2023, under Section 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station Mishrauliya, District-Siddharth Nagar, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The statement of the informant was recorded as PW-1 and he has supported the prosecution story during his examination- in-chief, but has not supported at the same during his cross- examination taken after one month. 6. Learned counsel for the applicant has further stated that the other three witnesses of fact namely, P.W. 2, P.W.3 and P.W. 4, have also been examined and they have not supported the prosecution story, rather they have been declared hostile by the public prosecutor and cross examined as such. There is no possibility of conviction of the applicant in the instant case. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 01.01.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the fact that there is no criminal history of the applicant and the witnesses have turned hostile. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the fact that the witnesses have turned hostile and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Jaglal, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 1.7.2025 Neeraj (Justice Krishan Pahal) Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad