Neutral Citation No. - 2025:AHC:1646 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44106 of 2023 Applicant :- Ashik Ali Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava,Rahul Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Ajay Kumar Srivastava, learned counsel for the applicant, Sri Arimandan Yadav, learned AGA for the State- Respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Ashik Ali, seeking enlargement on bail in Case Crime No. 507 of 2011, under Section 302 IPC, Police Station Hapur, District Ghaziabad. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. In the aforesaid case the applicant was granted bail by the Court below on 12.10.2011 and after being released on bail the applicant went to Himachal Pradesh for earning of his livelihood. Thereafter on several dates he could not attend the Court below as such the Court below issued Non Bailable Warrant against the applicant. He further submits that the applicant was not informed by his counsel about the dates being fixed and other proceedings going on before the Trial Court as such he failed to appear on the dates. Thereafter, on 18.08.2023 the applicant surrendered before the Trial Court. The applicant moved bail application before the Sessions Judge, which was rejected vide order dated 25.08.2023. The applicant has criminal antecedent of three cases, which has been explained in the affidavit filed in support of the bail application. The applicant is languishing in jail since 19.08.2023. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the aforesaid fact. He submits that the accused- applicant never appeared before the Trial Court even on a single date after release on bail. The applicant has criminal history of three cases and habitual absconder. In none of the case the applicant appeared before the Trial Court as such he may not be granted any indulgence by this Court. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Ashik Ali, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 3.1.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad