Neutral Citation No. - 2025:AHC:121524 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22122 of 2025 Applicant :- Sanjeev Opposite Party :- State of U.P. Counsel for Applicant :- D.M.Tripathi,Rahul Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri D.M.Tripathi, learned counsel for the applicant and Shri Arimardan Yadav, learned AGA for the State and perused the record. The instant bail application has been filed seeking release of the applicant-Sanjeev, on bail in Case Crime No. 977 of 2018, under Sections 147, 148, 149, 302, 307, 34 and 504 I.P.C. Police Station- Kankarkheda, District-Meerut, during pendency of the trial. Learned counsel for the applicant submits that the applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 18.08.2018. He further submits that First Information Report was lodged on 18.08.2018 against six named persons with the allegation that due to some dispute all the accused persons have severely beaten the first informant and his other family members due to which the father of the informant namely Ratan Singh died on the spot and other persons of the family namely Suman and Anjali sustained severe injuries. Thereafter the villagers apprehended the applicant and other co-accused and handed over to the police. Learned counsel for the applicant submits that in the post mortem report cause of death was reported due to shock and hemorrhage as a result of ante mortem injuries. Learned counsel for the applicant submits that the real fact is that it was a sudden provocation. The applicant also received injuries. He further submits that co-accused Shivam @ Shubham and Jaivindra Sharma, have been granted bail by subordinate Bench of this Court in Criminal Misc. Bail Application Nos. 45808 of 2019 and 16583 of 2024 vide orders dated 05.03.2020 and 03.01.2025. He further submits that all the prosecution witness have been examined by the trial Court. After arguing at length learned counsel for the applicant submits that he is pressing the present bail application only on the ground of period of incarceration. The applicant is languishing in jail since last more than seven years. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra, learned AGA vehemently opposed the bail application of the applicant with the contention that the applicant was arrested on the spot but could not dispute the fact that the applicant is languishing in jails since last seven years and he has no criminal antecedents. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Sanjeev, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 24.7.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad