Neutral Citation No. - 2025:AHC:73884 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29830 of 2024 Applicant :- Krishna Kant Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Sharma,Garun Pal Singh Counsel for Opposite Party :- G.A.,Raghubir Singh Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State, Sri Raghubir Singh, learned counsel for the informant and perused the record. 2. Learned counsel for the applicant submits that the case is triable by the Court of Magistrate. Learned counsel for the applicant submits that under the provisions contained in Section 437(6) of the Code of Criminal Procedure, 1973 where any case triable by a Magistrate with regard to a person accused of a non bailable offence is not concluded within sixty days from the first date fixed for taking evidence, if such person is still in custody he would be released on bail to the satisfaction of the Magistrate. It further provides that the Magistrate for the reasons to be recorded can direct otherwise. In the present case, it has been submitted by the learned counsel for the applicant that the charge was framed on 07.08.2024 and the first date fixed for evidence was 21.08.2024. But till date the trial has not concluded, although period of almost 08 months has passed. It is further submitted that all the sections under which the offence is alleged are triable by Magistrate and are non bailable. He further submits that the applicant has been falsely implicated due to ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 24.06.2024. 3. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence but they could not dispute the submissions of leaned counsel for the applicant with regard to Section 437 (6) of Cr.P.C. 4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 5. Let applicant Krishna Kant, involved in Case Crime No.215 of 2024 under Sections 457, 380, 411 I.P.C., Police Station Farah, District Mathura, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 7. The bail application is allowed. Order Date :- 7.5.2025/S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad