HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33360 of 2026 Court No. - 76 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Mohd. Asim Zulfiquar, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This is second bail application of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 07.10.2025 passed in Criminal Misc. Bail Application No. 33896 of 2025 (Mausim Vs. State of U.P.). 4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Mausim, seeking enlargement on bail during trial in connection with Case Crime No. 0037 of 2025, under Sections 85, 80(2) B.N.S. and Section 3 & 4 Dowry Prohibition Act, Police Station Hazarat Nagar Garhi, District Sambhal. 5. Learned counsel for the applicant submits that the trial in the present matter has started in which three prosecution witnesses have been examined. It is submitted that Wajid the first informant was examined as P.W.-1 before the trial court who has not supported the prosecution case and has been declared hostile. Further Smt. Nazuk Jahan wife of the first informant was examined as P.W.-2 who has also not supported the prosecution case and has been declared hostile. It is submitted that Zulfeqar the uncle of the deceased was examined as P.W.-3 who has also not supported the prosecution case and has been declared hostile. It is submitted Versus Counsel for Applicant(s) : Mohd. Asim Zulfiquar Counsel for Opposite Party(s) : G.A. Mausim .....Applicant(s) State of U.P. .....Opposite Party(s) that thus the fact which transpires is that Wajid the first informant and father of the deceased and Smt. Nazuk Jahan P.W.-2 the mother of the deceased and wife of the first informant have not supported the prosecution case and have been declared hostile. It is submitted that the prosecution case thus is not truthful. The applicant has no criminal history as stated in para 28 of the affidavit and is in jail since 29.03.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that This is second bail application of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 07.10.2025. The trial in the matter has started in which Wajid the first informant has been examined as P.W.-1, Smt. Nazuk Jahan wife of the first informant has been examined as P.W.-2 and Zulfeqar the uncle of the deceased has been examined as P.W.-3 before the trial court who have not supported the prosecution case and have been declared hostile. 8. Looking to 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, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant- Mausim, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and BAIL No. 33360 of 2026 2 in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed. 12. Pending application (s), if any, shall stand disposed of. October 1, 2026 AS Rathore BAIL No. 33360 of 2026 3 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad