Neutral Citation No. - 2025:AHC:3242 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39923 of 2024 Applicant :- Bilal Opposite Party :- State of U.P. Counsel for Applicant :- Utkarsh Malviya Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Utkarsh Malviya, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 09 of 2024, under Sections 498A, 323, 504, 307 IPC and Section 3 & 4 D.P. Act, Police Station Rohta, District Meerut during pendency of the trial. 3. Learned counsel for the applicant submitted that this is second bail application filed on behalf of the applicant and his first bail application was dismissed by this Court on merit vide order dated 14.05.2024 after considering the fact that his wife i.e. injured of the case stated against the applicant and she sustained as many as nine injuries but during trial wife of the applicant i.e. injured of the case has been declared hostile as she did not support the prosecution case and her statement recorded before the trial court has been annexed at page-75 of the paper-book. 4. He further submits, as star witness of the prosecution has been turned hostile, therefore, chances of conviction of the applicant is quite remote. He further submits, even dispute between both the parties have been settled and applicant is willing to live with his wife i.e. injured of the case and his wife is also willing to accompany the applicant. 5. He further submits, informant of the case is father of the injured i.e. father-in-law of the applicant and during trial he has also turned hostile and his statement has also been annexed along with instant bail application. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 31.01.2024 i.e. for last almost one year. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, this is second bail application filed on behalf of the applicant and his first bail application was dismissed by this Court after considering the fact that applicant is husband of the injured and injured sustained number of injuries and she stated against the applicant during investigation but it appears, during trial informant i.e. father of the injured and injured herself did not support the prosecution case and both have been declared hostile. 10. Further, it appears, informant and victim i.e. injured of the case (wife of the applicant) are not having any objection if applicant be enlarged on bail. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 31.01.2024 i.e. for last almost one year. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Bilal be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 7.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad