HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35552 of 2026 Court No. - 68 (Sr. No.69 out of 186) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Syed Ali Imam, learned counsel for the applicant, Sri Abhishek Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.246 of 2025, under Sections 64(2)(m), 351(2) B.N.S., Police Station Wave City, District Ghaziabad, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim has been examined as PW-2 during the trial, and she has completely resiled from her earlier statements and has been cross-examined by the Public Prosecutor after being declared hostile. The victim has been mentioned as PW-1 mistakenly in her examination-in-chief. There is no likelihood of the applicant’s conviction in the present case. The applicant has no criminal history and is in jail since 01.09.2025. He is ready to cooperate with the trial and undertakes not to misuse the liberty of bail if released. 5. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into Versus Counsel for Applicant(s) : Syed Ali Imam Counsel for Opposite Party(s) : G.A. Samir Khan .....Applicant(s) State of U.P. .....Opposite Party(s) consideration the fact that the victim has turned hostile, 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. 7. Let the applicant- Samir Khan, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. October 6, 2026 (Ravi Kant) BAIL No. 35552 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad