Neutral Citation No. - 2025:AHC:106106 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2778 of 2025 Applicant :- Rishipal Opposite Party :- State of U.P. Counsel for Applicant :- Avadh Pratap Singh Shishodia,Kapil Tyagi,Saurabh Chaturvedi Counsel for Opposite Party :- Ankur Goyal,G.A.,Mohd. Naushad Siddiqui Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri I.K. Chaturvedi, learned Senior Counsel assisted by Sri Kapil Tyagi and Sri Avadh Pratap Singh, learned counsel for the applicant, Sri Mohd. Naushad Siddiqui, learned counsel for the informant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 569 of 2023, under Sections 420, 406, 467, 468, 471, 120B, 506, 34 I.P.C., Police Station-Sector 63 Noida, District-Gautam Buddha Nagar, during the pendency of trial. 4. This is the second bail application. First bail application was rejected by this Court vide order dated 01.08.2024. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The case is triable by Magistrate and the trial is going on before the Court of CJM, Gautam Buddha Nagar. More than one year has been passed and the trial has not moved a step further and there is no likelihood of the conclusion of trial in near future, as such, the fundamental rights of the applicant as enshrined under Article 21 of the Constitution of India stands violated. 6. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 10.04.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned counsel for the informant and learned A.G.A. has vehemently opposed the bail application. 8. This Court was pleased to call for a report from the Trial Court regarding the status of trial. The said report of CJM, Gautam Buddha Nagar dated 23.05.2025 is on record which indicates that, to date, no charge has been framed against the applicant. The said fact leaves no other option with this court except to grant bail to the applicant as he is languishing in jail since 10.04.2024 and more than one year has passed and the trial is moving at a snail's pace. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the fact that no charge has been framed till date and there is no likelihood of early conclusion of trial and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant-Rishipal, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 7.7.2025 Karan (Krishan Pahal, J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad