Neutral Citation No. - 2025:AHC:119033 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25730 of 2024 Applicant :- Sanjay Kumar @ Tinku Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.,Prashant Sharma,Surendra Pratap Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rakesh Pati Tiwari, learned counsel for the applicant, Sri Surendra Pratap Singh, learned counsel for the informant, Sri Ashwani Kumar Tripathi, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.58 of 2024, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station Auraiya, District Auraiya, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. PW-1 and PW-2 have been examined during trial and they have completely resiled from their earlier statements and have been cross-examined by the public prosecutor after declaring them hostile. There is no likelihood of conviction of the applicant in the present case. 5. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 29.01.2024 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. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 7. 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 PW-1 and PW- 2 have turned hostile, 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- Sanjay Kumar @ Tinku, 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. 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 :- 22.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad