Neutral Citation No. - 2025:AHC:79837 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10111 of 2025 Applicant :- Nazim Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sunil Kumar Dwivedi, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 382 of 2023, under Sections 307, 324 IPC & 4/25 Arms Act, Police Station- Syana, District- Bulandshahar, 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 on merit by this Court on 28.05.2024 but he is pressing the instant second bail application on the ground that after rejection of the first bail application of the applicant, when injured of the case appeared before the trial court then he did not support the prosecution case and has been declared hostile and his statement recorded before the trial court has been annexed along with the instant bail application. 4. He further submitted that however, apart form the present case, applicant is having criminal history of two other cases but his criminal history has been explained in the instant bail application and both the cases relate to minor offences. 5. He further submitted that applicant is in jail in the present matter since 19.11.2023 i.e. for last one and half years. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the 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 he caused injury to the injured but it appears, when injured of the case appeared before the trial court then he did not support the prosecution case and has been declared hostile. 9. Further, however, apart form the present case, applicant is having criminal history of two other cases but both the cases relate to minor offences. 10. Further, applicant is in jail in the present matter since 19.11.2023 i.e. for last 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- Nazim 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 :- 14.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad