Neutral Citation No. - 2025:AHC:93539 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14577 of 2025 Applicant :- Subhash Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Faiz Ahmad Counsel for Opposite Party :- G.A.,Ganga Prasad Gupta Hon'ble Ashutosh Srivastava,J. Heard Shri Faiz Ahmad, learned counsel for the applicant, learned AGA for the State-respondents and Shri Ganga Prasad Gupta, learned counsel for the first informant and perused the record. This is the second bail application filed by the applicant. The first bail application filed by the present applicant has been rejected by the co-ordinate Bench of this Court by means of a detailed order dated 15.10.2024 passed in Criminal Misc. Bail Application No. 31388 of 2024 (Subhash Pasi Vs. State of U.P.), a copy of which has been brought on record as Annexure-1 to the bail application. The applicant- Subhash Pasi, has filed this second bail application with a prayer to enlarge him on bail in Crime No. 263 of 2023, under Sections 147, 148, 149, 307, 436, 452, 323, 506, 427, 34 IPC, Section 7 Criminal Law Amendment Act, Police Station Sandeepanghat, District Kaushambi, during the pendency of the trial. In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court. Apart from the above, learned counsel for the applicant submits that charge sheet in this case has already been filed and case has been registered as Sessions Trial No. 252 of 2024 and till date only PW1 has been examined by the Court below. Learned counsel for the applicant submits that whatever the recovery is possible the same has already been effected. The trial is proceeding at a snail pace and there is no likelihood of conclusion of trial in near future. Learned counsel for the applicant submits that present case is as a counter blast to the present occurrence. Learned counsel for the applicant submits that co-accused Ram Chandra, Munni Lal Pasi and Surajkali have already been enlarged on bail by co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 37037 of 2024, 36724 of 2024 and 28424 of 2024 on 22.10.2024, 25.10.2024 and 25.4.2025, respectively. He has five cases of criminal antecedent, which have sufficiently been explained. He is in custody since 23.6.2024. Learned counsel for the applicant also submits that right of private defence has been exceeded by the first informant. He, therefore, submits that 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 AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail by contending that applicant along with co-accused persons have set the house at fire and caused fire arm injury on the person of the injured. 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, Subhash Pasi, 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 :- 29.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad