HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 19040 of 2024 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Sheel Kumar Ojha, llearned counsel for the applicant, Sri Jitendra Singh, brief holder on behalf of the State and perused the material on record. 3. This bail application under Section 439 of Criminal Procedure Code has been filed by the applicant Ravikant Pandey, seeking enlargement on bail during trial in connection with Case Crime No. 160 of 2023, under sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Delhi Gate, District Aligarh during the pendency of his trial before the Court below. 4. This is the second bail application. The first bail application of the applicant was rejected on 29.11.2023 passed in Criminal Misc. Bail Application No. 46016 of 2023 (Ravikant Pandey vs. State of U.P.). 5. Learned counsel for the applicant while placing supplementary affidavit dated 28.04.2025 has submitted that the first informant Gajendra Upadhayay was examined as P.W.-1, Puspendra, the cousin brother of the deceased was examined as P.W.-2, Smt. Manju Devi, mother of the deceased was examined as P.W.3, Jitendra Sharma, cousin brother of the deceased was examined as P.W.-4 and Chetendra Kumar, brother of the deceased was examined as P.W.-5 and all the said five witnesses of fact have been declared hostile by the trial Court, copies of the statements of the said witnesses have been annexed as Annexure Nos. 1 to 5 to the said supplementary affidavit. It is submitted that as such, the implication of the applicant in the present case is without credible evidence. It is further Versus Counsel for Applicant(s) : Manju Shukla/Ojha, Sheel Kumar Ojha Counsel for Opposite Party(s) : G.A. Ravikant Pandey .....Applicant(s) State of U.P. .....Opposite Party(s) submitted that the applicant is in jail since 19.05.2023. 6. Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the aforesaid facts. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the trial in the present case has started in which five witnesses of fact were examined, i.e. P.W.-1 to P.W.-5 who have not supported the prosecution case and have been declared hostile. 8. Looking to 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, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant Ravikant Pandey, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) BAIL No. 19040 of 2024 2 recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed. 12. Pending application(s), if any, shall stand disposed of. October 7, 2025 Monika BAIL No. 19040 of 2024 3 (Samit Gopal,J.) Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad