Neutral Citation No. - 2025:AHC:27729 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35575 of 2024 Applicant :- Sanjay Ojha Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Pandey,Vijai Shanker Tripathi,Vinod Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant in Court today is taken on record. 2. Heard Sri Vinod Shankar Tripathi, learned counsel for the applicant and Sri Pradeep Kumar, learned A.G.A. for the State- respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in SST No.67 of 2016 arising out of Case Crime No.321 of 2011, under Sections 302, 224, 225 I.P.C., Police Station Khorabar, District Gorakhpur, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that in the instant matter applicant was enlarged on bail by Co-ordinate Bench of this Court on 18.01.2013 and he continuously attended the trial court up to 06.03.2024 and 11.03.2024 was the date fixed for the statement under Section 313 Cr.P.C. but he due to his illness could not attend the trial court and due to his illness, he again could not appear on two dates and when he came to know that N.B.W. has been issued against him then he filed recall application but when his recall application was dismissed then he surrendered before the court concerned on 03.09.2024 and since then he is in jail. 5. He further submits that considering the above facts, it cannot be said that applicant is an absconder. 6. He further submits that however dates were being fixed for the statement of the accused under Section 313 Cr.P.C. but on 12.02.2025 prosecution moved an application under Section 311 Cr.P.C., which is still pending, therefore, it could not be reflected that in near future the trial would be concluded. 7. He further submits that applicant is in jail in the present matter for almost six months. 8. He further submits that applicant is ready to give an undertaking that if he will be released on bail then he regularly attend the trial court on each and every date either in person or through his counsel and he will fully co-operate with the trial. 9. Per contra, learned A.G.A. opposed the prayer for grant of bail and but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for both the parties and perused the record of the case. 11. From the record, it reflects that earlier applicant was released on bail in the present matter on 18.01.2013 and thereafter, he regularly attended the trial court till 06.03.2024 but after that he could not appear before the court concerned and thereafter N.B.W. was issued against him but against the N.B.W., he filed recall application but when his recall application was dismissed then he surrendered before the court concerned. Considering this fact the argument advanced by learned counsel for the applicant that applicant is not an absconder, cannot be ruled out. 12. Further, however, from the record, it reflects, dates were being fixed for the statement of the accused under Section 313 Cr.P.C. but on 12.02.2025 prosecution moved an application under Section 311 Cr.P.C., which is still pending and considering this fact, the argument advanced by learned counsel for the applicant that in near future the trial would not be concluded, can also not be ruled out. 13. Further, applicant is in jail in the present matter for almost six months and he has given an undertaking that if he will be released on bail then he will regularly attend the trial court on each and every date either in person or through his counsel and he will fully co-operate with the trial. 14. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Sanjay Ojha, 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. 17. 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. 18. 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 :- 27.2.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad