HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29404 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Prashant Sharma, learned counsel for the applicant and Sri Shivajee Singh Sisodiya, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 193 of 2023, under Sections 304B, 498A IPC and Section 3/4 of D.P. Act, Police Station Subhash Nagar, District Bareilly, during the pendency of trial. 4. This is the second bail application. The first bail application was rejected by this Court vide order dated 25.07.2024 in Criminal Misc. Bail Application No.51618 of 2023. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. 5. Learned counsel for the informant has stated that trial is at its conclusive end and the case is fixed for defence evidence. It is next stated that proceedings have been stayed vide order dated 29.07.2025 passed in Application U/S 528 BNSS No.26918 of 2025, in which the proceedings have been stayed till 12.11.2025. 6. In rebuttal, learned counsel for the applicant has stated that he has nothing to do with the said stay order and his Fundamental Rights enshrined under Article 21 of the Constitution of India stands violated as the applicant is Versus Counsel for Applicant(s) : Prashant Sharma, Surendra Pratap Singh Counsel for Opposite Party(s) : G.A., Shivajee Singh Sisodiya Pawan Srivastava .....Applicant(s) State of U.P. .....Opposite Party(s) languishing in jail since 07.06.2023 and he has been incarcerated for more than two years and three months. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. This Court had called for a report regarding the status of trial and in compliance thereof, a report dated 12.09.2025 has been submitted by the concerned trial court. As per the said report, trial is at standstill as the proceedings have been stayed by the High Court vide order dated 29.07.2025 passed in petition filed by the complainant under section 528 BNSS bearing No.26918 of 2025 till 12.11.2025. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the said stay of trial proceedings by the order of this Court dated 29.07.2025 passed in petition under Section 528 BNSS bearing No.26918 of 2025 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. 9. Let the applicant- Pawan Srivastava, 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 the 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. (Krishan Pahal,J.) September 19, 2025 Sumit S BAIL No. 29404 of 2025 2 Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad