Neutral Citation No. - 2025:AHC:109081 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21833 of 2024 Applicant :- Ankit Pratap Singh @ Ankit Thakur Opposite Party :- State of U.P. Counsel for Applicant :- Anjali Singh Tomer,Ankit Agarval,Bharat Garg,Inder Pal Singh Tomar,Manisha Singh,Nushra Siddiqui,Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.,Manoj Kumar Srivastava Hon'ble Dr. Gautam Chowdhary,J. 1. This is the second bail application moved on behalf of the applicant for enlarging him on bail in Case Crime No. 131 of 2024 under Sections 147, 148, 302, 506, 120-B I.P.C.registered at P.S. Sasani Gate, District Aligarh. The first Criminal Misc. Bail Application No. 16932 of 2024 has been rejected by this Court vide order dated 01.05.2024. 2. Heard Sri N.I.Jafri, learned Senior Counsel assisted by Ms. Nusrat Siddiqui, learned counsel for the applicant, learned counsel for the State Sri Manor Kumar Srivastava, learned counsel for the informant and perused the material on record. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present. He further submits that the first bail application has been rejected on 01.05.2024. Learned counsel further submits that the case was committed to the Court of Sessions on 22.07.2024 upon which Sessions Case No. 1311 of 2024 (State Vs. Sonu Yadav has been registered) and till date not even a single witness has been examined. In this regard learned counsel for the applicant has drawn attention of this Court to the order sheets of the case, copy of which is annexed as Annexure- SA6 to the supplementary affidavit. Learned counsel further argued that the applicant is languishing in jail since 21.03.2024 and that trial is progressing at a slow pace, which is not likely to be concluded in near future. Learned counsel has relied upon the judgment rendered by Hon'ble the Supreme Court in the case of Indrani Pratim Mukerjea Vs. Central Bureau of Investigation and another passed in Special Leave to Appeal (Crl.) No. 1627 of 2022 to submit that prolonged incarceration of a person as an under trial is against his fundamental rights under Article 21 of the Constitution of India. It is submitted that there is no occasion now for the applicant to tamper with any witness or to flee from judicial process. 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. 4. Per contra, learned AGA as well as learned counsel for the informant have opposed the prayer for bail but could not dispute the fact that till date not even a single witness has been examined. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 6. Let the applicant-Ankit Pratap Singh @ Ankit Thakur, involved in aforesaid case crime be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- A. The applicant shall not tamper with the evidence during the trial. B. The applicant shall not pressurize/ intimidate the prosecution witness. C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected. E. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 7. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 10. The bail application is allowed. Order Date :- 9.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad