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Neutral Citation No. - 2025:AHC:72016 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21344 of 2024 Applicant :- Monu @ Khempal Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Srivastava,Shweta Srivastava Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. This is the second bail application moved on behalf of applicant. His first bail application was rejected by this Court vide order dated 08.08.2023 passed in Criminal Misc. Bail Application No. 33414 of 2023. 3. Learned counsel for the applicant while drawing the attention of the Court to the order of the trial (annexed with the supplementary affidavit dated 27.05.2024 has submitted till date none of the prosecution witnesses have appeared before the trial. It appears that the trial could not be concluded in near future and the applicant is in jail since 20.02.2023. Therefore, the applicant may be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant 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 applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 20.02.2023, with no criminal history. 4. Learned A.G.A. for the State has opposed the prayer for bail. 5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 6. Let the applicant-Monu @ Khempal, be enlarged on bail in Case Crime No. 51 of 2023, under Section 306 I.P.C., Police Station- Pakbada, District- Moradabad, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant 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 such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
7. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 2.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad