HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 54767 of 2023 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Satya Prakash Singh, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.249 of 2023, under Sections 498A, 304B, 504 I.P.C. and 3/4 D.P. Act, Police Station Loni Border, District Ghaziabad, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The cause of death could not be ascertained, as such, Viscera was preserved and Viscera report is still awaited. It is a clear cut case of false implication. Trial is not moving ahead as no witness has been examined till date, as such, fundamental rights of the applicant as enshrined under Article 21 of the Constitution of India stands violated. There is no criminal history of the applicant. The applicant is languishing in jail since 05.06.2023, as such, he is incarcerated for about two years and three months and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. 6. This Court had called for status of trial from the trial court concerned. As per the status report dated 13.08.2025 received from the trial court concerned, charge was framed on 04.08.2025 and no witnesses have been examined, it is also indicated in the said report that the court was vacant for Versus Counsel for Applicant(s) : Satya Prakash Singh Counsel for Opposite Party(s) : G.A., Kuldeep Kumar Sunil .....Applicant(s) State of U.P. .....Opposite Party(s) substantial period of time. 7. The Supreme Court in the case of Nitish Chauhan Vs. State of U.P., AIR 2023 SC 2149 has granted bail to the appellant therein on the ground that the appellant has been in custody for nearly two years four months and two witnesses had been examined out of 26 prosecution witnesses. 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 charge was framed on 04.08.2025 and no prosecution witness has been examined till date, 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- Sunil, 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 pressurise/intimidate with 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. September 8, 2025 Karan BAIL No. 54767 of 2023 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad