Neutral Citation No. - 2025:AHC:131675 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24150 of 2025 Applicant :- Kashmir Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Pankaj Kumar Tyagi, learned counsel for the applicant, Sri Ajay Singh, learned A.G.A for the State Respondent and perused the material on record. 2. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 91 of 2021, under Sections 302, 120-B of the IPC, Police Station Bhogaon, District Mainpuri. 3. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the trial in the present matter is going on in which Raghav Das Yadav has been examined as P.W.2 who has not supported the prosecution case and has stated that he does not know anything about the incident nor seen anyone committing the incident. It is argued that Raghav Das Yadav was thus declared hostile by the trial court, as such now there is no evidence at all against the applicant. The copy of the statement of Raghav Das Yadav has been annexed as Annexure No. 7 to the affidavit filed in support of the bail application. Learned counsel for the applicant has placed para 23 of the affidavit filed in support of bail application with regards to the criminal history of the applicant and stated that the applicant has criminal antecedents of three other cases. The applicant is in jail since 20.04.2020. 4. Per contra learned counsel for the State does not dispute the evidence against the applicant which was only the statement of Raghav Das Yadav and further the fact that he has not supported the prosecution case and has been declared hostile. 5. The witness Raghav Das Yadav has been examined as P.W.2 before the trial court who has not supported the prosecution case and has stated that he does not know anything about the incident and he has not seen anyone committing the incident. He has been declared hostile by the trial court. 6. Looking to 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. 7. Let the applicant, Kashmir Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two 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:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 8. 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. 9. The bail application is allowed. Order Date :- 5.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad