Neutral Citation No. - 2025:AHC:22709 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44005 of 2024 Applicant :- Akram Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Mohd. Akbar Shah Alam Khan, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 386 of 2023, under Sections 498-A, 323, 326, 307 IPC and 3/4 D.P. Act, Police Station- Kairana, District- Shamli, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed by this Court vide order dated 01.04.2024 after considering the fact that applicant is the husband of injured of the case and as per statement of the injured recorded during investigation, he along with his other family members caused burn injury to her but he is pressing the instant second bail application on the ground that before trial court when injured i.e. wife of the applicant was examined as P.W.2 then she did not support the prosecution case and has been declared hostile. He further submitted that statement of the injured recorded before trial court has been annexed at page no. 60 of the paper book. 4. He further submitted that dispute between husband and wife has been resolved and wife i.e. injured of the case started living with the applicant in her matrimonial home. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 12.08.2023 i.e. for last more than one and half years. 6. Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant but could not dispute other argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, this is the 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 the husband of the deceased and he along with his other family members caused burn injury to his wife but it appears, during trial, his wife i.e. injured of the case did not support the prosecution case and has been declared hostile. 9. Further, record, also suggests that dispute between husband and wife has been resolved and wife started living with the applicant in her matrimonial home. 10. Further, applicant is not having any criminal history and he is in jail in the present matter since 12.08.2023 i.e. for last more than one and half years. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Akram 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. 14. 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. 15. 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 :- 17.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad