Neutral Citation No. - 2025:AHC:19943 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43474 of 2024 Applicant :- Daya Shanakr Pathak Opposite Party :- State of U.P. Counsel for Applicant :- Anand Priya Singh,Shailendra Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. This is a second bail application. First bail application, of the applicant, being Criminal Misc. Bail Application No. 29385 of 2024, was rejected by coordinate Bench of this Court vide order dated 22.08.024. This Court, vide order dated 02.01.2025, after recording the submissions made by the learned counsel for the applicant to the effect that considering the allegations raised in the First Information Report no case under Section 326 I.P.C. is made out against the applicant and the charge sheet had already been filed as far as back on 25.09.2024 and the trial was proceeding at a snail pace, has directed the learned counsel for the parties to exchange the pleadings. In pursuance of the order dated 02.01.2025, the pleadings have been exchanged between the parties. By order dated 04.02.2025, learned counsel for the applicant was directed to bring on record the latest order sheet of the proceedings. Today, learned counsel for the applicant has brought on record the order sheet of the trial up to 04.02.2025. From the perusal of order sheet, it transpires that only general dates are being fixed and till date the case has not been committed to the Court of Sessions, and the applicant is languishing in jail since more than seven months as he is in jail since 07.07.2024. Present second bail application has been filed on behalf of the applicant, with a prayer to release the applicant on bail in Case Crime No. 103 of 2024, under Sections 149, 323, 504, 326 I.P.C., Police Station Aurai, District Bhadohi, on the additional grounds that in trial pending before the Trial Court, only general dates are being fixed and till date the case has not been committed to the Court of Sessions, no case under Section 326 I.P.C. is made out against the applicant and he is languishing in jail since more than seven months. Learned A.G.A. opposed the bail application but could not dispute the aforesaid fact. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Daya Shankar Pathak, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 11.2.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad