Neutral Citation No. - 2025:AHC:107868 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15743 of 2024 Applicant :- Vikas Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Abhinav Gaur,Ankit Shukla,Mohd. Rashid Siddiqui,Sr. Advocate Counsel for Opposite Party :- Adesh Kumar,G.A.,Kuldeep Kumar Sharma WITH Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18765 of 2023 Applicant :- Kumari Anisha Dalal Opposite Party :- State of U.P. Counsel for Applicant :- Abhinav Gaur,Ajay Kumar Srivastava,Ankit Shukla,Anurag Kumar Pandey,Mohd. Rashid Siddiqui,Udai Chandani Counsel for Opposite Party :- Adesh Kumar,G.A.,Kuldeep Kumar Sharma Hon'ble Dr. Gautam Chowdhary,J. 1. Second bail application moved on behalf of the accused- applicant Vikas Sharma. Criminal Misc. First Bail Application No. 21857 of 2023 has been rejected by this Court vide order dated 06.07.2023. However, bail application moved on behalf moved on behalf of the accused-applicant Kumari Anisha Dalal is the first bail application. 2.Heard Sri Bhrigu Rai, learned counsel for the applicants in both the bail application, Adesh Kumar and Kuldeep Kumar Sharma, learned counsel for the informant, learned A.G.A for the State and perused the record. 3. Learned counsel for the applicants submits that after rejection of the first bail application of the accused-Vikas Sharma, the trial commenced. During the course of trial, the statement of alleged witness P.W.3 was recorded before the trial Court, who has specifically stated that he had not seen the incident rather his aunt (Bua) had seen the incident, who had told him that there was vehicle on the road side and from that vehicle a person came out and broke the glass of that vehicle either with brick or stone and that person dragged a lady and put him in another vehicle. It has also been stated b y P.W.3 that his house is at a distance of about 30-40 meters away from the road and in between the road and his house there is a boundary wall of 5 to 7 feet, however the height of his Bua is about 5 feet. Learned counsel argued that it is not possible to have a clear view from a distance of 30-40 meters even if that is taken to be true for the sake of argument, then it is not possible for a person of five feet height to have a view of 30-40 meters when there is a boundary wall of of 5-7 feet. It is thus contended that the entire prosecution story is doubtful and that the applicant has been falsely implicated in the present case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon them. He next submits that applicants are languishing in jail since 31.12.2022 having no criminal history. 4. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicants may be enlarged on bail. Hence the bail application is allowed. 6. Let applicants Vikas Sharma and Kumari Anisha Dalal involved in Case Crime No. 1122 of 2022 under Section 302 I.P.C., Police Station Hapur Nagar, District Hapur be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- A. The applicants shall not tamper with the evidence during the trial. B. The applicants shall not pressurize/ intimidate the prosecution witness. C. The applicants shall appear before the trial court on the date fixed, unless personal presence is exempted. D. The applicants shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected. E. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. F. The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously in accordance with law. 7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 8.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad