HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26099 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 76 of 2024, under Sections 105, 125, 352 B.N.S., Police Station Golhaura, District Siddharth Nagar during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The first informant is the real brother of the applicant. The applicant did not cause any injury to the deceased Ram Kumar. Further, during the course of trial the informant Akshay Kumar was examined as PW-1 and wife of the deceased was examined as PW-2. Both the prosecution witnesses did not support the prosecution version. PW-2 has been declared hostile by the trial court vide order dated 19.03.2025. The applicant is in jail since 30.08.2024 having no criminal history and if he is released on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that during the course of trial the informant Akshay Kumar and wife of the deceased, who were examined Versus Counsel for Applicant(s) : Vijay Prakash Chaturvedi Counsel for Opposite Party(s) : G.A. Vijay Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) as PW-1 and PW-2 respectively, did not support the prosecution version and PW-2 has been declared hostile by the trial court. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for more than one month and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. 6. Let the applicant- Vijay Kumar, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 9, 2025 SKT/- BAIL No. 26099 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad