Neutral Citation No. - 2025:AHC:37608 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40995 of 2024 Applicant :- Nanhe Lal Opposite Party :- State of U.P. Counsel for Applicant :- Balram Singh,Basharat Ali Khan,Salman Ahmad Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. None appeared on behalf of the informant even in revised call. 2. Heard Shri Basharat Ali Khan, learned counsel for the applicant and Shri Pradeep Kumar, learned A.G.A. for the State-respondent. 3. The instant forth bail application has been filed seeking release of the applicant on bail in S.T. No.661 of 2017 arising out of Case Crime No.163 of 2017, under Sections 302, 307, 342, 504, 506 I.P.C., Police Station Mauaima, District Allahabad, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that this is the forth bail application filed on behalf of the applicant and his first and second bail applications were dismissed by Hon'ble Mrs. Sadhana Rani (Thakur), J. vide order dated 24.04.2023 but Her Lordship has already demitted her office. 5. He further submits that the third bail application of the applicant was dismissed by Hon'ble Mrs. Manju Rani Chauhan, J. and instant forth bail application has been released by Her Lordship and thereafter on the direction of Hon'ble The Chief Justice, the instant forth bail application has been placed today before this Bench as this Bench is dealing with such matters. 6. He further submits that applicant is real brother of the deceased and there is allegation that he committed his murder by causing axe injuries and incident was witnessed by wife, son and daughter- in-law of the deceased. 7. He further submits that applicant is pressing the instant fourth bail application on the ground that he is in jail in the present matter since 16.04.2017 i.e. for last almost eight years and till date trial of the case could not be concluded. 8. He further submits that considering the long incarceration of the applicant, a report was called from the court concerned about the current status of the trial, which is now on record and from its perusal, it reflects that till date only seven prosecution witnesses could be examined out of total 26 prosecution witnesses of the charge-sheet and cross-examination of P.W.-8, the I.O. is underway. 9. He further submits that considering the sluggish speed of the trial, there is no hope of its early disposal. 10. He further submits that right of speedy trial is the fundamental right of an accused and on the ground of long incarceration even in serious cases, he can be released on bail. 11. He further submits that applicant is having no criminal history to his credit. 12. Per contra, learned AGA opposed the prayer for bail and submits that this is the forth bail application filed on behalf of the applicant and allegation against him is quite serious and as per allegation he committed the murder of his real brother and there are number of eye-witnesses but he could not dispute the fact that all the witnesses of facts have already been examined and applicant is in jail in the present matter since 16.04.2017 i.e. for last almost eight years and till date trial of the case could not be concluded and till date only seven prosecution witnesses could be examined out of total 26 prosecution witnesses of the charge-sheet. 13. He further could not dispute the fact that applicant is having no criminal history to his credit. 14. I have heard learned counsel for the parties and perused the record of the case. 15. However, this is the forth bail application filed on behalf of the applicant and his earlier three bail applications have already been dismissed by Co-ordinate Benches of this Court but applicant is in jail in the present matter since 16.04.2017 i.e. for last almost eight years and considering his long incarceration, a report was called from the court concerned about the current status of the trial and from its perusal, it reflects that till date only seven prosecution witnesses could be examined out of total 26 witnesses of the charge-sheet and cross-examination of P.W.-8, the I.O. is underway, therefore, it appears, there is no hope of early disposal of the trial of the case. However, from the report, it reflects that on number of occasions counsel for the applicant sought adjournment but report of the court concerned also shows that on several dates prosecution witnesses did not appear and even coercive measures were taken against them. Be that as it may be, right of speedy trial is a fundamental right of an accused and on the ground of long incarceration even in serious cases, he can be released on bail. 16. Further all the witnesses of facts have already been examined, therefore, there is no chance of any tampering with the prosecution evidence, if applicant be enlarged on bail. 17. Further, applicant is having no criminal history to his credit. 18. Therefore, considering the facts and circumstances of the case discussed above particularly the long incarceration of the applicant of about eight years, in my view, applicant is entitled to be released on bail. 19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 20. Let the applicant- Nanhe Lal 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. 21. 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. 22. 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 :- 17.3.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad