Neutral Citation No. - 2025:AHC:93387 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17600 of 2025 Applicant :- Amit Saini Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Chaurasiya Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Anil Kumar Mishra, learned Advocate holding brief of Sri Sandeep Kumar Chaurasia, 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. 565 of 2024, under Sections 323, 328, 302, 498A IPC, Police Station Majhola, District Moradabad during pendency of the trial. 3. Learned counsel for the applicant submits, however, technically this is second bail application filed on behalf of the applicant but first bail application of the applicant was dismissed as not pressed. 4. He further submits, however first bail application of the applicant was dismissed as not pressed by Hon'ble Krishna Pahal,J but His Lordship has released the instant second bail application and this Court is dealing with such matters, therefore, after the order of Hon'ble The Chief Justice, the instant bail application has been listed before this Court. 5. Learned counsel for the applicant further submits, applicant is Devar of the deceased and on the basis of false allegation, he has been made accused in the present matter including his mother i.e. mother-in-law of the deceased and after considering the entire facts of the case, mother-in-law of the deceased, Smt. Maya Devi has been released on bail by the co-ordinate Bench of this Court vide order dated 12.05.2025 passed in Criminal Misc. Bail Application No.4514 of 2025 and on facts, case of applicant is at better footing than her. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 09.10.2024 i.e. for last more than seven months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From the record, it reflects, this is second bail application filed on behalf of the applicant but first bail application of the applicant was dismissed as not pressed. 10. Further, first bail application of the applicant was although dismissed as not pressed by Hon'ble Krishna Pahal,J but His Lordship has released the instant second bail application and this Court is dealing with such matters, therefore, the instant application has been listed before this Court. 11. Further, applicant is Devar of the deceased and bail application of mother-in-law of the deceased, Smt. Maya Devi has been allowed by the co-ordinate Bench of this Court and on facts, case of applicant is at better footing than her. 12. Further, applicant is not having any criminal history and in the present matter he is in jail since 09.10.2024 i.e. for last more than seven months. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Amit Saini 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. 16. 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. 17. 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 :- 30.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad