Neutral Citation No. - 2025:AHC:78652 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14954 of 2025 Applicant :- Kasim Opposite Party :- State of U.P. Counsel for Applicant :- Safiullah Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Safiullah, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.484 of 2023, under Sections 376 and 323 IPC and Section 67A I.T.Act, Police Station Behjoi, District Sambhal during pendency of the trial. 3. Learned counsel for the applicant submits that however, this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court vide order dated 22.3.2024 after considering merits of the case but he is pressing instant second bail application on the ground that after rejection of first bail application when victim and other prosecution witnesses appeared before the trial court then they did not support the prosecution case and have been declared hostile. 4. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 9.9.2023, i.e., for the last more than one and half years. 5. Per contra, learned AGA although opposed the prayer for bail and submits that this is the second bail application filed on behalf of the applicant but he could not dispute the fact that after rejection of first bail application of the applicant the victim of the case and other witnesses of fact have been declared hostile during trial. 6. He further could not dispute the fact that applicant is in jail in the present matter for the last more than one and half years. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, this is second bail application filed on behalf of the applicant and first bail application of the applicant has been dismissed on merit but it reflects that after rejection of first bail application of applicant when victim of the case and other prosecution witnesses of fact appeared before the trial court then they did not support the prosecution case and have been declared hostile and their statements have been filed along with instant bail application. 9. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 9.9.2023, i.e., for last more than one and half years. 10. Therefore, considering the facts and circumstances of the case discussed above, my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12.. Let the applicant-Kasim 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. 13. 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. 14. 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 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad