Neutral Citation No. - 2025:AHC:119658 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2218 of 2025 Applicant :- Mohammad Ali Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Srivastava,Mohammad Zakir Counsel for Opposite Party :- G.A.,Pradeep Kumar Mishra Hon'ble Sameer Jain,J. 1. Heard Sri Ankit Srivastava & Sri Mohammad Zakir, learned counsel for the applicant, Sri Pradeep Kumar, learned A.G.A. for the State-respondent and Sri Pradeep Kumar Mishra, learned counsel for the informant. 2. The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.522 of 2023, under Sections 323, 325, 504, 506, 427, 307 I.P.C., Police Station- Teelamod, District- Ghaziabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court vide order dated 01.07.2024 and he is pressing the instant second bail application on the ground that applicant is facing trial for offence under Section 307 I.P.C. and he is in jail in the present matter since 15.09.2023 i.e. for last more than twenty two months. 4. He further submits that till date only four witnesses could be examined by the trial court, out of total seventeen witnesses of the charge-sheet and therefore, there is no hope of early disposal of the trial of the case. 5. He further submits that injured of the case has already been examined by the trial court as P.W.-2, therefore, there is no chance of any tampering with the prosecution evidence if applicant will be enlarged on bail. 6. He further submits that applicant is having no criminal history to his credit. 7. Per contra, learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail and submit that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed after considering the fact that it is a case, in which due to the assault made by applicant and one another accused, injured sustained serious injuries. 8. They further submit that the statement of doctor, who examined the injured witness, has been recorded by the trial court and in his statement, he stated that injury sustained by injured were dangerous to life but they could not dispute the fact that applicant is in jail in the present matter since 15.09.2023 i.e. for last more than twenty two months and till date only four witnesses could be examined by the trial court, out of total seventeen witnesses of the charge-sheet. 9. They further could not dispute the fact that injured of the case has already been examined by the trial court and applicant is having no criminal history to his credit. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court but it reflects, applicant is facing trial for offence under Section 307 I.P.C. and he is in jail in the present matter since 15.09.2023 i.e. for last more than twenty two months and till date only four witnesses could be examined by the trial court, out of total seventeen witnesses of the charge-sheet and therefore, there is no hope of early disposal of the trial of the case. 12. Further, neither learned A.G.A. nor counsel for the informant could place any material on the basis of which, this Court can infer that applicant is responsible for delay in trial. Further, injured of the case has already been examined by the trial court as P.W.-2, therefore, contention raised by learned counsel for the applicant that there is no chance of any tampering with the prosecution evidence if applicant would be enlarged on bail, cannot be ruled out. 13. Further, applicant is having no criminal history to his credit. 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- Mohammad Ali 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 :- 22.7.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad