Neutral Citation No. - 2025:AHC:86931 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8655 of 2025 Applicant :- Saif Ali Opposite Party :- State of U.P. Counsel for Applicant :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 3. Heard Sri Sanjive Kumar Gupta, learned counsel for the applicant, Sri Ashwani Kumar Tripathi, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.258 of 2024, under Sections 376(2)(N) I.P.C., Police Station- Alapur, District- Budaun, during the pendency of trial. 5. Learned counsel for the applicant has stated that in the instant case the applicant was enlarged on bail by the Judicial Magistrate- II, Budaun under Sections 354, 504, 506 I.P.C., 67 I.T. Act and Section 3/25(1B) Arms Act vide order dated 5.6.2024 passed in Bail No.22060 of 2024. But later on the final report (charge-sheet) has been submitted in the added Section 376(2)(N) I.P.C. Learned counsel has stated that the applicant has not misused the said liberty granted to him earlier on. 6. Learned counsel for the applicant has placed much reliance on the judgments of the Supreme Court passed in case of Bhadresh Bipinbhai Sheth vs. State of Gujarat & Another reported in 2016 (1) SCC (Cri) 240 and Manoj Suresh Jadhav & Ors. vs. The State of Maharashtra, reported in 2018 SCC OnLine SC 3428, wherein the applicant therein was enlarged on anticipatory bail in the added sections U/S 438 Cr.P.C. after being enlarged on regular bail U/S 439 Cr.P.C. Although the instant case is of regular bail, but it can be considered to be on better footing. 7. It is further argued by learned counsel for the applicant that the criminal history of five cases assigned to the applicant has been explained. The applicant is languishing in jail since 22.9.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. The Supreme Court in Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case of bail is made out. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that applicant was already enlarged on bail in the instant case and also in the light of judgment of the Supreme Court in Bhadresh Bipinbhai Sheth (supra) and Manoj Suresh Jadhav (supra), 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. 11. Let the applicant- Saif Ali, 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 shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 :- 22.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad