Neutral Citation No. - 2025:AHC:36486 Court No. - 10 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44024 of 2024 Applicant :- Muntalib Alias Mutkalib Opposite Party :- State of U.P. Counsel for Applicant :- A.C.Srivastava,Subham Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri A.C. Srivastava, learned counsel for applicant and Sri Roshan Kumar Singh, learned A.G.A. for State. 2. This is second bail application. First bail application of applicant was rejected on 24.05.2024 and relevant part thereof is reproduced hereinafter :- "7. In the aforesaid circumstances, considering that applicant was part of an unlawful assembly and was named in the F.I.R. and was one of them who asked deceased to accompany with them, therefore, at this stage, since all accused persons being part of an unlawful assembly, therefore, specific role need not be specified as well as bail application of co-accused has already been rejected. 8. In view of aforesaid, considering overall circumstances, I don't find it a fit case to grant bail. Bail application is accordingly rejected. However, taking note that while rejecting second bail application of co-accused Shadab @ Lala as referred above Co-ordinate Bench has observed to record the statements of witnesses of fact within a period of four months, therefore, learned Trial Court is directed to comply the aforesaid order. 9. Registrar (compliance) to take steps. " 3. The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.520 of 2021, under Sections 147, 148, 149, 302 and 120-B I.P.C., Police Station-Kithore, District-Meerut. 4. In pursuance of an order passed by this Court, learned Trial Court has submitted a status report dated 04.01.2025 that out of proposed 30 witnesses, 5 witnesses have been examined. 5. Learned counsel for applicant and learned A.G.A. for State submit that on basis of latest instruction submits that now 9 prosecution witnesses have been examined. 6. Learned counsel for applicant by referring the nature of evidence before Trial Court submits that prosecution case has been diluted against applicant and applicant is in jail since 14.01.2022 i.e. just more than 3 years and that since material witnesses have been examined, therefore, there is no chance to influence any other witnesses. 7. Learned A.G.A. for State has opposed the bail and submits that testimony of witnesses are consistent against applicant and observation on nature of evidence made at this stage affect the case of either party. 8. I have considered the above submission and taken note of subsequent events that trial has substantially proceeded that now 9 prosecution witnesses out of 30 witnesses have been examined and including the material witnesses, therefore, there is no possibility that applicant may influence any witness. 9. In the aforesaid circumstances, this Court is of considered opinion that applicant is entitled for bail, however, it is directed that applicant will not enter into the boundary of District- Meerut for a period of 4 months except for the purpose of attending the trial. 10. So far as this condition is concerned, applicant will be at liberty to move before the Trial Court who will relax it on basis of status of trial. 11. Accordingly, bail application is allowed. 12. Trial Court will take all endeavour to expedite the trial. 13. Let the applicant- Muntalib Alias Mutkalib be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. 14. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 15. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. Order Date :- 12.3.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad