Neutral Citation No. - 2025:AHC:79983 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37311 of 2024 Applicant :- Raj Kapil Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh,Vinod Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajesh Kumar Singh, learned counsel for the applicant and Sri S.B. Singh learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 461 of 2023, under Section 409 IPC, Police Station- Bairiya, District- Ballia, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on 01.07.2024 after considering the fact that applicant is village pradhan and he embezzled huge public money but he is pressing the instant second bail application on the ground that offence under Section 409 IPC is triable by Magistrate and in the present matter, applicant is in jail since 30.10.2023 i.e. for last more than one and half years and till date, not even a single prosecution witness could be examined. He further submitted that however, charges against the applicant have been framed on 18.07.2024. 4. He further submitted that there is no evidence that applicant is delaying the trial. He further submitted that even in view of the provisions of Section 437(6) Cr.P.C., applicant should be released on bail. 5. He further submitted that applicant is not having any criminal history. 6. Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant and applicant was village pradhan and he misappropriated huge public fund and after considering this fact, his first bail application was dismissed but could not dispute the fact that offence under Section 409 IPC is triable by Magistrate and applicant is in jail in the present matter for last more than one and half years and till date, not even a single prosecution witness could be examined, however, charges against the applicant have been framed on 18.07.2024. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court after considering the fact that he embezzled huge public money being village pradhan but it reflects, offence under Section 409 IPC is triable by Magistrate and applicant is in jail in the present matter for last more than one and half years. 9. Further, record suggests that charges against the applicant have been framed on 18.07.2024, however, since then ten months have been passed and till date, not even a single prosecution witness could be examined. In view of the provisions of Section 437(6) Cr.P.C., if a case triable by Magistrate, is not concluded within 60 days from the first date fixed for taking evidence then accused can be released on bail. Further, there is no evidence that applicant is delaying the trial. Further, applicant is not having any criminal history. 10. Therefore, considering the facts and circumstances of the case discussed above, in 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- Raj Kapil Yadav 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 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad