Neutral Citation No. - 2025:AHC:78497 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13079 of 2025 Applicant :- Gulbahar Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Gupta,Yogendra Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Yogendra Pal Singh, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 108 of 2013, under Sections 302, 201, 404 IPC, Police Station- Bhojpur, District- Ghaziabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that in the present matter applicant was released on bail by this Court vide order dated 19.05.2014 and he regularly attended the trial court but in the meantime in July, 2023 unfortunately fire broken in the village of the applicant and in the fire incident even house of the applicant was badly damaged and, thereafter he had to stay in the village for considerable period of time and after that he had to go to other place for his livelihood and, therefore, he could not attend the trial court. He further submitted that applicant was not having any intention to willfully remain absent in the court proceeding. 4. He further submitted that applicant is ready to give an undertaking that in future he will regularly attend the trial court either in person or through his counsel and will fully cooperate with the trial 5. He further submitted that applicant is in jail in the present matter since 28.01.2025. 6. Per contra, learned AGA opposed the prayer for bail and submitted that it reflects, applicant misused the liberty of bail granted to him, therefore, there is every possibility, if he will again release on bail then he will again misuse the liberty of bail but could not dispute the fact that applicant attended the trial court after released on bail for considerable period of time and he remained absent for about a year. He further could not dispute the fact that in the present matter, applicant is in jail since January, 2025. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, it reflects, after released on bail in the present matter, applicant failed to regularly attend the trial court and after one year, he could only be arrested but it reflects, after released on bail he attended the trial court for several years. 9. Further, applicant has given an undertaking that in future he will regularly attend the trial court either in person or through his counsel and will fully cooperate with the trial. 10. Further, in the present matter, applicant is in jail since January, 2025. 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- Gulbahar 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 :- 13.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad