Neutral Citation No. - 2025:AHC:13854 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45944 of 2024 Applicant :- Arif Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Puneeta Pandey, learned Advocate holding brief of Sri Mohammad Belal, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 614 of 2023, under Sections 302, 201 IPC, Police Station Murad Nagar, District Ghaziabad 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 first bail application of the applicant was dismissed by this Court on merit vide order dated 22.09.2023 after considering the fact that applicant appears to be absconder but she is pressing the instant second bail application on the ground that it is a case of circumstantial evidence and except the evidence of last seen there is no other evidence against the applicant on record and in the present matter he is in jail since 21.01.2019 i.e. for last more than six years and till date trial of the case could not be concluded. 4. She further submits, applicant is ready to give an undertaking that if he will be released on bail then in future he will regularly attend the trial court either in person or through his counsel and will fully cooperate with the trial. 5. Per contra, learned AGA opposed the prayer for bail and submitted this is second bail application filed on behalf of the applicant but could not dispute the fact that it is a case of circumstantial evidence and except the evidence of last seen there is no other evidence against the applicant on record and in the present matter applicant is in jail since 21.01.2019 i.e. for last more than six years. Learned AGA further could not dispute the fact that applicant is not having any criminal history. 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 first bail application of the applicant has been dismissed by this Court on merit after considering the fact that applicant absconded for almost eight years but it reflects that in the present matter applicant is in jail since 21.01.2019 i.e. for last more than six years and till date trial of the case could not be concluded. 8. Record further suggests that it is a case of circumstantial evidence and only evidence against the applicant is the evidence of last seen and he is not having any criminal history. 9. Further, applicant has given an undertaking that if he will be released on bail then in future he will regularly attend the trial court either in person or through his counsel and will fully cooperate with the trial. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Arif 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. 13. 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. 14. 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 :- 27.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad