HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26718 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ashutosh Kumar Shukla, Advocate holding brief of Sri Mukul Kumar Mishra, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.449 of 2023, under Sections 368 and 370 I.P.C., Police Station Kaptanganj, District Kushinagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that this is the second bail application on behalf of the applicant. The first one was rejected by a Co- ordinate Bench of this Court vide order dated 15.5.2024 passed in Criminal Misc. Bail Application No.15965 of 2024, but subsequently the informant has been examined during trial and she has completely resiled from her earlier statement and has been cross-examined by the public prosecutor after declaring her hostile. 5. Learned counsel for the applicant has further stated that there is no likelihood of conviction of the applicant in the present case. The co-accused person has already been enlarged on bail. There is no criminal history of the applicant. The applicant is languishing in jail since 09.10.2023 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Mukul Kumar Mishra, Umakant Chaudhary Counsel for Opposite Party(s) : G.A. Aarti Alias Kushum .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Learned A.G.A. has 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 the informant has 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- Aarti Alias Kushum, who is involved in aforementioned case crime be released on bail on her 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. September 10, 2025 (Ravi Kant) BAIL No. 26718 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad