Neutral Citation No. - 2025:AHC:80187 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42844 of 2024 Applicant :- Rajesh Panda Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. This is the second bail application. First bail application was rejected by this Court vide order dated 13.03.2023 passed in Criminal Misc. Bail Application No. 7481 of 2023. 2. Heard Sri Surendra Mohan Mishra, learned counsel for the applicant as well as Sri R.P. Patel, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 130 of 2022, U/S 376(2) (L), 354-B, 342, 323 of IPC, Police Station - Bhawaniganj, District - Siddharth Nagar, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is languishing in jail since 16.10.2022 and subsequent to the said order dated 13.03.2023, only one witness of fact has been examined i.e. the informant. It is further stated that the victim had appeared before court on 29.04.2024 but the Special prosecutor has categorically given a finding that the victim was not in a fit condition to depose before the court, as such, her statement could not be recorded. 5. Learned counsel has further stated that the fundamental rights of the applicant enshrined under Article 21 of Constitution of India stand violated. The applicant is incarcerated for about two and a half years. To buttress his submission with regard to long incarceration, learned counsel has placed much reliance upon the judgement of Supreme Court passed in Indrani Pratim Mukerjea Vs. C.B.I., 2022 SCC OnLine SC 695. 6. Learned counsel has also stated that there is no criminal history of the applicant. The applicant is languishing in jail since 16.10.2022 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 State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, period of incarceration coupled by the fact that the victim was not in a position to depose before court and also considering the fundamental rights enshrined Article 21 of the Constitution of India, I find it a fit case to release the applicant on bail. 9. Accordingly, the second bail application of the applicant is allowed. 10. Let the applicant- Rajesh Panda, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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:- 15.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad