Neutral Citation No. - 2025:AHC:85161 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14686 of 2025 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Shukla Counsel for Opposite Party :- G.A.,Mukesh Kumar Hon'ble Sameer Jain,J. 1. Heard Sri Abhishek Kumar Shukla, learned counsel for the applicant, Sri Mukesh Kumar, learned counsel for the informant 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 her on bail in Case Crime No.1918 of 2019, under Sections 302, 120-B and 34 IPC, Police Station Kavi Nagar, District Ghaziabad during pendency of the trial. 3. Learned counsel for the applicant submits that it is a case in which earlier applicant was released on bail in the present matter on 18.10.2022 but due to paucity of fund he could file bail bonds and he could only be released on bail on 9.4.2024 and thereafter for his livelihood he had to go to Delhi but unfortunately in Delhi he was detained in jail on 26.7.2024 in connection with some other case and, therefore, he could not appear before the court concerned in the present matter and in the meantime, coercive measures have been issued against him but considering the facts of the case, it cannot be said that applicant is an absconder. 4. He further submits that applicant is ready to give an undertaking that in future he will regularly appear before the trial court either in person or through his counsel. He next submits that applicant will also fully cooperate with the trial. 5. He further submits that applicant is in jail in the present matter since 26.7.2024,i.e., for almost ten months. 6. Per contra learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that after released on bail applicant committed offence in Delhi and, therefore, he not only misused the liberty of bail but also violated the terms and conditions of bail which was imposed upon him and there is every possibility that after release on bail he will again commit offence and therefore, he should not be released on bail. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, from the record it reflects that earlier on 18.10.2022 this Court passed an order to release the applicant on bail but it reflects that pursuant to the order passed by this Court applicant was released on bail on 9.4.2024 and after released on bail he did not appear before the court concerned but it reflects that within three months of his release he was arrested in Delhi in connection to another case in the month of July, 2024. Considering this fact the argument advanced by the learned counsel for the applicant that applicant is not absconder cannot be ruled out at this stage. 9. Further, applicant has given an undertaking that he will regularly attend the trial court in future either in person or through his counsel and he will fully cooperate with the trial. 10. Further, in the present matter, applicant is in jail since July, 2024, i.e., for the last more than ten months. 11. Therefore, considering the facts 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-Akash 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 :- 21.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad