HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26850 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Shailendra Kumar Rai, learned counsel for the applicant, Sri Deepak Kumar Singh,, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.144 of 2019, under Sections 302 and 201 I.P.C., Police Station Shadiabad, District Ghazipur, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is not named in the FIR and has been falsely implicated in the present case. He has nothing to do with the said offence. During trial, the informant was examined as PW-1 and he has not supported the prosecution story. He has completely resiled from his earlier statement recorded under Section 164 Cr.P.C., while earlier on during his statement recorded under Section 161 Cr.P.C., he had allayed apprehension against the applicant that too was a weak kind of evidence. There is no likelihood of conviction of the applicant in the present case. 5. Learned counsel for the applicant has further stated that the co-accused person, whose case was of similar footing to the applicant, has already been enlarged on bail by the trial court. There is no criminal history of the applicant. The applicant is languishing in jail since 20.12.2019 and he is ready to cooperate with trial. In case, the applicant is released on bail, he Versus Counsel for Applicant(s) : Shailendra Kumar Rai Counsel for Opposite Party(s) : G.A. Jaihind Rajbhar .....Applicant(s) State of U.P. .....Opposite Party(s) will not misuse the liberty of bail. 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- Jaihind Rajbhar, 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 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. October 8, 2025 (Ravi Kant) BAIL No. 26850 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad