Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38246 of 2024 Applicant :- Chandra Prakash Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Chaturvedi Counsel for Opposite Party :- G.A.,Madan Singh Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 295 of 2022 at Police Station- Balua, District- Chandauli, under Sections 323, 325, 307/34 IPC. The applicant is in jail since 16.09.2024. The bail application of the applicant was rejected by the learned trial court on 16.09.2024. The following arguments made by Shri I.K. Chaturvedi, learned counsel assisted by Shri Kshitij Tandon, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Madan Singh, learned counsel for the informant and Shri Chandan Agrawal, learned AGA-I from the record, entitle the applicant for grant of bail: 1. A vague and a general role has been assigned to the applicant in the FIR. 2. The deceased underwent treatment for more than two years for the injuries. He died of medical negligence and failure on part of the first informant's family to provide medical care to him. 3. The applicant is a law abiding citizen who cooperated with the police investigations and had joined the trial. 4. The applicant never influenced witnesses or tampered with the evidence. 5. The applicant did not adopt dilatory tactics or impede the trial proceedings. 6. The trial is moving at a snail's pace and shows no signs of an early conclusion. The applicant cannot be faulted for the delay in the trial. 7. The status report sent by the learned trial court records that as per the chargesheet the prosecution proposes to examine 15 witnesses. The status report sent by the learned trial court records that not a single witness has been fully examined till date. 8. Prosecution witnesses are deliberately delaying the trial only to prolong the incarceration of the applicant. 9. Inordinate delay in concluding trial has lead to an indefinite detention of the applicant without there being any credible evidence to implicate him in the offence. Right of the applicant to a speedy trial has been violated. 10. The applicant claims congruency in role and seeks parity in relief granted to the co-accused who has been enlarged on bail by this Court by order dated 25.07.2023 in Criminal Misc. Bail Application No. 29901 of 2023. 12. The applicant has explained his criminal history. It is also contended that the applicant has become a soft target and a convenient scapegoat for the police authorities who nominated him in a number of false cases to burnish their professional credentials. The said cases do not have any bearing on the instant bail application. 13. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Chandra Prakash Tiwari be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 7.2.2025 Vandit Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad