Neutral Citation No. - 2025:AHC:4302 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43379 of 2024 Applicant :- Vinod Kumar Singh Alias Sanjay Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Singh,Shiva Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shiva Singh, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 105 of 2023, under Sections 323, 504, 506, 304 IPC, Police Station- Zafrabad, District- Jaunpur, during pendency of the trial in the court below. 3. 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 28.11.2023 but he is pressing the instant second bail application on the ground that applicant is facing trial for offence under Sections 323, 504, 506, 304 IPC and in the present matter, he is in jail since 24.08.2023 i.e. for last almost one and half years and till date, not even single prosecution witness could be examined during trial. 4. He further submitted that however, before death, Investigating Officer recorded the statement of injured under Section 161 Cr.P.C. and in his statement he stated that applicant caused injury on his head through wooden stick but from perusal of the post-mortem report, it reflects that deceased sustained one lacerated wound and this fact clearly suggests that applicant was not having any intention to cause death of the deceased and, therefore, present case does not travel beyond Section 304 part II IPC. 5. He further submitted that however, apart from the present case applicant is having criminal history of three other cases but his entire criminal history has been explained in the instant bail application and all the three cases relate to minor offences. 6. Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed after considering the statement of the deceased recorded by the Investigating Officer during investigation but could not dispute the fact that as per post-mortem report, deceased sustained only one injury on his head and applicant is facing trial for the offence under Section 304 IPC and he is in jail in the present matter for last almost one and half years. He further could not dispute the fact that till date not even a single prosecution witness could be examined. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed after considering the statement of the deceased recorded by the Investigating Officer during investigation in which, he stated that applicant caused head injury to him but after considering his statement, the argument advanced by learned counsel for the applicant that present case does not travel beyond Section 304 part II IPC, cannot be completely ruled out at this stage. 9. Further, applicant is facing trial for offence under Section 304 IPC and in the present matter, he is in jail for last almost one and half years and till date not even a single prosecution witness could be examined, therefore, it appear that trial of the case is moving with languid pace and there is no hope of its early disposal. 10. Further, however, apart from the present case applicant is having criminal history of three other cases but his entire criminal history has been explained in the instant bail application and it appears, all the three cases relate to minor offences. 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- Vinod Kumar Singh Alias Sanjay Singh 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 :- 8.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad