Neutral Citation No. - 2025:AHC:81459 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12277 of 2025 Applicant :- Ompal Opposite Party :- State of U.P. Counsel for Applicant :- Ardhendu Shekhar Sharma,Ram Babu Sharma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ram Babu Sharma, learned counsel for the applicant and Sri Shatrughna Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 294 of 2013, under Sections 376-A, 302, 201 IPC, Police Station- Sikandara Rau, District- Hathras, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that in the present matter earlier applicant was released on bail in the year 2013 and thereafter he regularly attended the trial court but unfortunately due to his illness, he could not attend the trial court for four months and in the meantime, coercive measures have been taken against him and when applicant came to know about this fact then he himself surrendered before the court concerned and since then he is in jail. 4. He further submitted that applicant was not having any intention to avoid the Court's proceeding and under compelling circumstances i.e. illness, he could not attend the trial court. 5. 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. 6. He further submitted that applicant is in jail in the present matter since 03.03.2025. 7. Per contra, learned AGA opposed the prayer for bail and submitted that applicant earlier also absconded and he misused the liberty of bail, therefore, there is every possibility, if he will be released on bail then he will again abscond, therefore, he should not be released on bail. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, it reflects, applicant, after released on bail on some occasions, misused the liberty of bail and this time also again he remained absent for four months but it reflects, he himself surrendered before the court concerned and since 03.03.2025, he is in jail. 10. 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. 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- Ompal 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 :- 15.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad