Neutral Citation No. - 2025:AHC:121589 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50498 of 2023 Applicant :- Vikas Gautam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babhru Vahan Singh,Radhey Raman Mishra,Raj Kishore Yadav,Ravindra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Dipesh Kumar Ojha, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 252 of 2023, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station- Ahraula, District- Azamgarh, 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 prosecution witnesses PW-1 and PW-2 have not supported the prosecution story during their cross-examination, although they have supported it during examination-in-chief, but the said statement cannot be relied on. 5. Learned counsel for the applicant has further stated that the cause of death was asphyxia as a result of antemortem hanging. There is no likelihood of conviction of the applicant in the present case and there is no likelihood of conclusion of trial in near future either. 6. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 7.8.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. 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 witnesses of fact have not supported the prosecution story during their cross- examination, and 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. 9. Let the applicant- Vikas Gautam, 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 shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 :- 24.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad