Neutral Citation No. - 2025:AHC:102306 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42513 of 2023 Applicant :- Dhaniram @ Dhanni Anuragi Opposite Party :- State of U.P. Counsel for Applicant :- Pushpendra Singh,Sanjai Singh Counsel for Opposite Party :- Aditya Kumar Rai,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Copy of the third supplementary affidavit filed today is taken on record. The original copy of third supplementary is not on record. 2. Heard Sri Pushpendra Singh, learned counsel for the applicant, Sri Aditya Kumar Rai, learned counsel for the informant and Sri Arun Kumar Misra, learned AGA and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 0017 of 2023, under Section 498-A, 304-B I.P.C. and Section 3/4 of D.P. Act, Police Station- Mataungh, District Banda, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The informant and the wife of informant, who is mother of deceased have been examined as P.W. 1 and P.W. 2 in court and have not supported the prosecution story. They have completely resiled from their earlier statements given to the I.O. and the allegations of the FIR. The witnesses have been cross- examined by the public prosecutor after declaring them hostile. P.W.3 and P.W.4 are the formal witnesses of institution of FIR and inquest proceedings. 5. Learned counsel for the applicant has further argued that there is no possibility of conviction of the applicant in the instant case. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 02.02.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned counsel for the informant as well as learned A.G.A. have vehemently opposed the bail application but could not dispute the fact that there is no criminal history of the applicant and the witnesses have turned hostile. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the fact that two witnesses of fact namely, P.W.1 and P.W.2, have been declared hostile and they have not supported the prosecution story and turned hostile, 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. 8. Let the applicant- Dhaniram @ Dhanni Anuragi, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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 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 :- 1.7.2025 Neeraj (Justice Krishan Pahal) Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad