Neutral Citation No. - 2025:AHC:108359 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55977 of 2023 Applicant :- Ajay @ Ajaypal Opposite Party :- State of U.P. Counsel for Applicant :- Bratendra Singh,Kamlakar Pal Counsel for Opposite Party :- G.A.,Rajesh Kumar Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Bratendra Singh, learned counsel for the applicant, Sri Rajesh Kumar, learned counsel for the informant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.69 of 2023, under Sections 498-A, 304-B, 323, 504 I.P.C. and Section 3/4 of D.P. Act, Police Station Sakeet, District Etah, 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. P.W.-1 has not supported the prosecution story during cross-examination and there are several discrepancies in his statement. P.W.-2 and P.W.-6 have been declared hostile by the public prosecutor and have been put to cross-examination. In the instant case, the other witnesses i.e. P.W.-3 and P.W.4 are formal witnesses. 5. It is further argued by learned counsel for the applicant that there is no likelihood of conviction of the applicant in the present case. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 16.05.2023 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 A.G.A. has 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 that witnesses of fact have turned hostile during trial, 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. 8. Let the applicant- Ajay @ Ajaypal, 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. 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 :- 8.7.2025 CS/- (Justice Krishan Pahal) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad