Neutral Citation No. - 2025:AHC:13148 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 335 of 2025 Applicant :- Mohsin Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sunil Kumar, 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. 72 of 2018, under Sections 302, 458, 34 IPC, Police Station Masoori, District Ghaziabad during pendency of the trial. 3. Learned counsel for the applicant submitted that in this case applicant earlier had been released on bail on 16.05.2018 and after released on bail he regularly attended the trial court till 11.03.2020 but in the meantime as Covid- 19 pandemic emerged in the country, therefore, he could not appear before the court concerned and under compelling circumstances he had to go to State of Gujarat and on 16.02.2022 N.B.W. was issued against him and when he came to know about this fact then he immediately returned and surrendered before the court concerned on 16.10.2024. 4. He further submits, applicant never intended to avoid the court proceedings. He further submits, applicant is giving 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, therefore, considering the above facts, he should be released on bail. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that after released on bail till 11.03.2020 applicant attended the trial court and since October, 2024 he is in jail and he has given an undertaking that after released on bail he will regularly attend the trial court. 6. I have heard learned counsel for the parties and perused the record of the case. 7. From the record, it reflects that after released on bail in the year 2018 subsequently applicant failed to appear before the trial court but it appears, after released on bail he attended the trial court till 11.03.2020. 8. Further, in the present matter applicant is in jail since October, 2024 and 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. 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 - Mohsin 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 :- 24.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad