Neutral Citation No. - 2025:AHC:12066 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43402 of 2024 Applicant :- Rajesh Alias Fauzi Opposite Party :- State of U.P. Counsel for Applicant :- Neeraj Srivastava Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. The present second bail application has been filed by the applicant in Case Crime No. 117 of 2019, under Sections - 302, 120-B I.P.C., Police Station - Kotwali, District - Meerut, with the prayer to enlarge the applicant on bail. 4. The first bail application of the applicant was rejected by this Court vide order dated 28.02.2024, which is reproduced as below:- "1. Supplementary affidavit filed by learned counsel for the applicant-accused today, is taken on record. 2. Heard learned counsel for the applicant-accused, learned AGA for the State and perused the record. 3. The present bail application has been filed by the applicant-accused involved in Case Crime No.177 of 2019, under Sections 302, 120-B IPC, P.S. Kotwali, District Meerut with the prayer to enlarge him on bail. 4. It has been argued by learned counsel for the applicant-accused that applicant-accused is innocent and he has been falsely implicated in this case. The applicant is not named in first information report and that his involvement was shown on the basis of supplementary statement of informant. There is no eye-witness of alleged incident. It was submitted that the identity of applicant is not established from the alleged C.C.T.V. footage, wherein, applicant was shown with the deceased. The alleged recovery of knife shown from the applicant, is wholly false. It was further submitted that applicant-accused is languishing in jail since 12.05.2019, and that in case the applicant-accused is released on bail, he will not misuse the liberty of bail and cooperate in the trial. 5. Learned A.G.A. has opposed the prayer for bail and argued that during investigation the involvement of applicant was found through C.C.T.V. footage, wherein, he was shown with the deceased. It was stated that deceased was brutally murdered and he has sustained as many as eight stab injuries. The knife used in the alleged incident, has also been recovered, at the instance of applicant-accused. It was also stated that there is criminal history of three cases against applicant-accused including a murder case. 6. Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of the case, the applicant- accused is not entitled to be enlarged on bail. Hence, the bail application of applicant- accused is hereby rejected. 7. However, keeping in view of the period of incarceration of applicant-accused, the Trial Court is directed to expedite the trial and to decide the same as early as possible, preferably within a period of ten months from the date of receipt of the copy of this order, if there is no legal impediment." 5. It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. There is no eye-witness of alleged incident. The involvement of applicant was shown on the basis of some C.C.T.V. footage. It is further submitted that first bail application of the applicant was rejected by this Court vide order dated 28.02.2024 and the Trial Court was directed to conclude the trial and to conclude the same within a period of ten months but only three witnesses have been examined before the Trial Court so far, whereas 14 witnesses have been shown in the charge sheet. It was stated that applicant has no criminal history and the observation in order dated 28.02.2024 that applicant was having criminal history of three cases is not correct. Lastly, it was stated that applicant is in jail since 12.05.2019 and thus, he has already undergone detention of about five years and eight months and that trial of the case would take sufficient long time. It was submitted that in case applicant is granted bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has opposed the bail application and submitted that first bail application of applicant has already been rejected on merits. It was submitted that involvement of applicant was shown on the basis of C.C.T.V. footage and the knife used in the incident was also recovered at the instance of applicant. 7. Considering the submissions of learned counsel for the parties and all attending facts, particularly the period of detention and stage of trial, without expressing any opinion on merits, it would be just and proper to release the applicant on bail. The present second bail application is hereby allowed. 8. Let the applicant - Rajesh @ Fauzi involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: i. The applicant will not tamper with the evidence during trial. ii. The applicant will not pressurize/intimidate the prosecution witnesses. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case. 9. In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 23.1.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad