Neutral Citation No. - 2025:AHC:27852 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39636 of 2024 Applicant :- Saleem Opposite Party :- State of U.P. Counsel for Applicant :- Chaman Aara,Shabista Parveen Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Shabista Parveen, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 49 of 2022 (S.T. No. 1558 of 2022), under Sections 323/34, 302/34 IPC, Police Station Rorawar, District Aligarh during pendency of the trial. 3. Learned counsel for the applicant submitted that this is second bail application filed on behalf of the applicant and first bail application of the applicant has been dismissed by this Court on merit vide order dated 05.12.2023 after considering the fact that it is a case of causing knife injuries to the deceased and role of catching hold has been assigned to the applicant but she is pressing the instant second bail application on the ground that in the present matter applicant is in jail since 15.05.2022 i.e. for last more than two and half years and till date trial of the case could not be concluded. 4. She further submits, admittedly role of causing injury has not been assigned to the applicant and applicant is not having any criminal history. 5. Per contra, learned AGA however opposed the prayer for bail and submitted this is second bail application filed on behalf of the applicant but could not dispute the other argument on facts advanced by learned counsel for the applicant however he further submits that apart from the present case applicant is having criminal history of two cases but he fairly conceded, both the cases relate to minor offences. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, this is second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court on merit after considering the fact that it is a case of causing knife injury to the deceased and role of catching hold has been assigned to the applicant but in the present matter applicant is in jail since 15.05.2022 i.e. for last more than two and half years and till date trial of the case could not be concluded. 8. Considering the long incarceration of the applicant in the present matter a report was called from the court concerned and from its perusal, it reflects that till date five witnesses could be examined out of 25 witnesses of the charge-sheet. 9. Report of the court concerned also suggests that after recording the statement of PW-5 informant moved an application under Section 319 Cr.P.C., therefore, thereafter no witness could be further examined, therefore, it appears, without any fault of the applicant, trial of the case is pending. 10. Further, law is settled that right of speedy trial is the fundamental right of an accused and on its violation even in serious cases an accused can be released on bail. Considering the fact that in the present matter applicant is in jail since 15.05.2022 i.e. for last more than two and half years it cannot be said that his fundamental right of speedy trial has not been infringed. (See: Tapas Kumar Palit Vs. State of Chhattisgarh Criminal Appeal No. 738 of 2025 arising out of SLP (Criminal) No.15971 of 2024 decided on 14.02.2025). 11. Further, admittedly role of causing knife injury to the deceased has not been assigned to the applicant. Further, however, apart from the present case applicant is having criminal history of two cases but both the cases relate to minor offences. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Saleem 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. 15. 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. 16. 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 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad