Neutral Citation No. - 2025:AHC:141366 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32020 of 2024 Applicant :- Sonu Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Amarnath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. IInd Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Amarnath Tripathi, learned counsel for the applicant as well as Sri R.P. Patel, learned State Law Officer and perused the material placed on record. 3. This is the second bail application filed on behalf of the applicant seeking bail in Case Crime No. 105 of 2022, U/S 147, 148, 149, 323, 504, 506, 342, 302, 120-B of IPC, Police Station - Sarnath, District - Varanasi, during the pendency of trial. First bail application was rejected by this Court vide order dated 5.1.2025 passed in C.M.B.A. No. 36724 of 2022. 4. As a new ground, learned counsel for the applicant has stated that the applicant is in jail since 08.04.2022, as such, he is incarcerated for more than three years and only one witness has been examined to date. It is also stated that in the statement of P.W. - 1 informant, it has come up that he reached the place of incident after one and a half or two minutes, as such, he is not an eye- witness. The instant case is a blind murder case which has been converted into the case of homicide committed by the applicant and other persons. 5. Learned counsel has placed much reliance on the inquest report, which has been filed as Annexure- 3 to the affidavit filed along with bail application, and has stated that the inquest proceedings were started on 22.02.2022 at 01:21 PM and concluded at 02:00 PM the same day. The said inquest report bears the Case Crime No. 105 of 2022 along with relevant sections. It is argued that the instant FIR has been instituted on 22.03.2022 at 04:09 PM, as such, it is ante-time. 6. Learned counsel has further stated that the applicant has been falsely implication in the case. He has nothing to do with the said offence. He has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 7. Per contra, learned State Law Officer has opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the fact that the inquest report was prepared well before the incident as it bears the case crime number of the instant case coupled by the fact that only one witness has been examined during three years of trial, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Sonu 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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. Order Date:- 19.8.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad