Deepak Verma, J.

1. Supplementary affidavit, filed today, is taken on record.

2. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

3. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.844 of 2023, under Sections 376, 323, 506 I.P.C., P.S.Gulriha, District Gorakhpur, during pendency of the trial.

4. Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case due to village rivalry; as per F.I.R., no case is made out under alleged Sections against the applicant; the allegation alleged in the F.I.R. is not corroborating with the statement of victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C.; medical report of the victim is also not supporting the prosecution case. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 10.10.2023 and in case, he is enlarged on bail he will not misuse the liberty of bail and cooperate in trial.

5. Learned A.G.A. has opposed the bail prayer of the applicant.

6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, [LQ/SC/2018/152] 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, Ajay Kumar, who is involved in the aforesaid 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 prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed. 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.

8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.