HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 19705 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Vikrant Pratap Singh, learned counsel for the applicants, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No.105 of 2024, under Sections 80(2), 85, 103(1) B.N.S. and 3/4 D.P. Act, 1961, Police Station Barawa Patti, District Kushinagar, during the pendency of trial. 4. Learned counsel for the applicants has stated that the applicants are absolutely innocent and have been falsely implicated in the present case. PW-1 and PW-2 have been examined during trial and they have completely resiled from their earlier statements and have been cross-examined by the public prosecutor after declaring them hostile. There is no likelihood of conviction of the applicants in the present case. 5. Learned counsel for the applicants has further stated that there is no criminal history of the applicants. The applicants are languishing in jail since 26.10.2024 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicants. Versus Counsel for Applicant(s) : Deepak Kumar Singh, Vikrant Pratap Singh Counsel for Opposite Party(s) : G.A. Devta Chaudhary And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that PW-1 and PW-2 have turned hostile, and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 8. Let the applicants- Devta Chaudhary and Malti Devi, who is involved in aforementioned case 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. Further, before issuing the release order, the sureties be verified. (i) The applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 9, 2025 (Ravi Kant) BAIL No. 19705 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad