Neutral Citation No. - 2025:AHC:38470 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 714 of 2025 Applicant :- Dhaniram Opposite Party :- State of U.P. Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Lavkush Kumar Bhatt, learned counsel for the applicant, Sri Umesh Kumar Singh, learned State Law Officer for the State-respondents and perused the record. This is the second bail application on behalf of the applicant. The first bail application was dismissed as not pressed with liberty to file fresh vide order dated 22.02.2024. The Court proceeds to consider the 2nd bail application on merits. This 2nd bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Dhaniram, seeking enlargement on bail in Case Crime No. 362 of 2023, under Sections 307 of the Indian Penal Code and Section 3/25 of Arms Act, Police Station- Kamalganj, District- Farrukhabad. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 03.09.2023. Learned counsel for the applicant submits that as per the opinion of the doctor, injuries sustained by the injured are neither grievous in nature nor dangerous to life. He next submits that chargesheet has already been submitted by the Investigating Officer. Learned counsel for the applicant further submits that as a new ground, P.W.-1 has also turned hostile as she in her cross- examination has denied the prosecution version. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned State Law Officer has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Dhaniram, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 18.3.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad