Neutral Citation No. - 2025:AHC:23685 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29945 of 2024 Applicant :- Rohit @ Maharana Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Singh Tomar,Mohammad Belal Counsel for Opposite Party :- G.A.,Ravindra Kumar Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by the applicant is taken on record. 2. Heard Sri Mohammad Belal and Sri Gaurav Singh Tomar, learned counsel for the applicant, Sri Ravindra Kumar, learned counsel for the informant and Sri R.N. Srivastava, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.37 of 2023, under Sections- 302, 34, 504 and 506 IPC, Police Station- Masuri, District- Ghaziabad, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that this is second bail application filed on behalf of the applicant and his first bail application was dismissed by this Court vide order dated 19.9.2023 after considering the fact that wife of the deceased who was eye witness stated that applicant caused firearm injury to her husband but he is expressing the instant second bail on the ground that the sole eye witness i.e. wife of the deceased during her cross examination before the trial court did not support the prosecution case and she categorically stated that applicant did not cause injury to her husband and her statement recorded before the trial court has been annexed along with the supplementary affidavit filed in support of the bail application. 5. He further submitted that even informant of the case did not support the prosecution case before the trial court and has been declared hostile and his statement has also been annexed along with the instant bail application. 9. He further submitted that applicant is having no criminal history to his credit and he in the present matter is in jail since 30.1.2023 i.e. for last more than two years. 10. Per contra, learned AGA and learned counsel for informant however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 11. I have heard both the parties and perused the record of the case. 12. However, this is second bail application filed on behalf of the applicant and his first bail application has also been dismissed on merit after considering the statement of the wife of the deceased who was sole eye witness but it reflects during the trial in her cross-examination, she did not support the prosecution case and stated that the applicant did not cause any injury to her husband i.e. deceased. 13. Further, record also suggests that during the trial, informant of the case also did not support the prosecution case and has been declared hostile. 16. Further, applicant is having no criminal history to his credit and he in the present matter is in jail since 30.1.2023 i.e. for last more than two years. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant- Rohit @ Maharana be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activities. 20. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 21. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 18.2.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad