HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29084 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri R.K. Mishra, learned counsel for the applicant, Sri Alok Kumar Singh, learned counsel for the informant, Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.288 of 2024, under Section 307/34 I.P.C., Police Station Modi Nagar, District Ghaziabad, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant was granted bail in the instant case vide order dated 24.06.2024 passed by A.C.J.M., Court No.5, Ghaziabad, but subsequently Section 307 I.P.C. has been added which was deleted earlier on, as such the applicant is also entitled to be enlarged on bail in the added section. The applicant has not misused the said opportunity granted earlier on and has cooperated during trial and is ready to do so in future also. The criminal history of three cases assigned to the applicant stands explained. The applicant is languishing in jail since 04.07.2025. In case, he is released on bail, he will not misuse the liberty of bail. 5. Learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application. 6. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, Versus Counsel for Applicant(s) : R.K. Mishra Counsel for Opposite Party(s) : Alok Kumar Singh, G.A. Kanhaiya Chauhan .....Applicant(s) State of U.P. .....Opposite Party(s) (2020) 11 SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out. 7. The Supreme Court in Sehre Alam & Ors. vs. State of U.P. & Anr, [2004(1) JIC 33 All (LB)] has held that no further bail is required in the same crime if once bail is granted in some sections. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, taking into consideration the judgment of Supreme Court passed in Sehre Alam (Supra) and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Kanhaiya Chauhan, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 15, 2025 (Ravi Kant) BAIL No. 29084 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad