Neutral Citation No. - 2025:AHC:107381 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41009 of 2024 Applicant :- Sajal Saxena Alias Rishab Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Srivastava,Manju Pandey,Virendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Ms. Manju Pandey, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 573 of 2024, under Sections 309(6), 317(2), 61(2) BNS, Police Station- Bahedi, District- Bareilly, during pendency of the trial in the court below. 4. 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 10.09.2024 but she is pressing the instant second bail application on the ground that all the alleged offences are triable by Magistrate and in the present matter, applicant is in jail since 31.07.2024 i.e. for last almost a year. 5. She further submitted that in the present matter, charges against the applicant have been framed on 05.03.2025 but till date not even a single prosecution witness could be examined, therefore, there is no hope of early disposal of trial. 6. She further submitted that applicant is not having any criminal history. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed by this Court after considering the fact that from the possession of applicant and others looted items were recovered and punishment for offence under Section 309(6) BNS can be extended upto 10 years but it reflects, all the alleged offences are triable by Magistrate and applicant is in jail in the present matter since 31.07.2024 i.e. for last almost a year and till date not even a single prosecution witness could be examined. 10. Further, applicant is not having any criminal history. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Sajal Saxena Alias Rishab 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. 14. 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. 15. 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 :- 7.7.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad