Neutral Citation No. - 2025:AHC:3208 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43728 of 2024 Applicant :- Bablu @ Lobhendra Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Dinesh Kumar Tripathi, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 91 of 2021, under Section 306 IPC, Police Station Kamasin, District Banda 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 28.06.2023 after considering the fact that applicant is husband of the deceased and his son Naitik stated against him in his statement recorded during investigation but he is pressing the instant second bail application on the ground that during trial father of the deceased i.e. informant of the case, his daughter and even son of the applicant and deceased Naitik have been declared hostile as they did not support the prosecution case and their statements have been annexed along with instant bail application. 4. He further submits, there is no evidence left against the applicant on the basis of which applicant can be convicted in the present matter. He further submits, applicant is facing trial under Section 306 IPC and in the present matter he is in jail since 23.05.2022 i.e. for last more than two and half years. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. 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 deceased and son of the applicant and deceased stated against the applicant but it reflects, during trial father of the deceased i.e. informant, daughter of the applicant and his son all turned hostile as they did not support the prosecution case. 8. Further, in the present matter he is in jail since 23.05.2022 i.e. for last more than two and half years. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant - Bablu @ Lobhendra 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. 12. 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. 13. 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