Neutral Citation No. - 2025:AHC:108996 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22718 of 2025 Applicant :- Kasim Ali Opposite Party :- State of U.P. Counsel for Applicant :- Umair Alam Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Umair Alam, 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.264 of 2024, under Sections 85, 80 B.N.S. and 3/4 D.P. Act, Police Station- Dilari, District- Moradabad, 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. The prosecution witnesses, namely, 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. 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. Even the FIR is delayed by about two days and there is no explanation of the said delay caused. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 26.9.2024 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. 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, taking into consideration that witnesses of fact have turned hostile during trial coupled by the fact that there is delay of about two days in institution of FIR, 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- Kasim Ali, 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 :- 9.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad