Neutral Citation No. - 2025:AHC:64386 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44609 of 2024 Applicant :- Vakeel Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Yadav,Sandeep Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed on behalf of learned counsel for the applicant today in Court is taken on record. 2. Heard leaned counsel for the applicant-accused, learned A.G.A. for the State and perused the record. 3. The present second bail application has been filed by the applicant-accused in Session Trial No. 500 of 2021 (State v. Vakeel Prasad) arising out of Case Crime No. 141 of 2021, under Sections 302 IPC, Police Station - Rudrapur, District- Deoria, with the prayer to enlarge the applicant-accused on bail. The first bail application of applicant was rejected for want of prosecution by this Court vide order dated 15.05.2024. 4. Learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in this case. The allegation that applicant has committed murder of deceased is wholly false. Learned counsel submits that this application is being pressed only on the point of period of detention. It was stated that applicant is in jail since 14.07.2021 and that so far only four witnesses have been examined. The trial is not being conducted in accordance with the provisions of Section 309 CrPC. It was submitted that once the examination of witnesses has started, the trial must have been conducted on day-to-day basis in terms of provisions of Section 309 CrPC till all the witnesses are examined. It is further submitted that on 16.01.2025 the informant has filed the application for dropping/discharge of certain prosecution witnesses and that application was allowed and witnesses were dropped/discharged. It was stated that there are number of formal witnesses, who are yet to be examined, and trial of the case would take sufficient long time. Learned counsel submitted that in view of the period of detention, the applicant is entitled to be released on bail. It was submitted in case, applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned AGA has opposed the bail application and submitted that there is allegation against the applicant that he has brutally committed murder of deceased by causing knife injuries to the deceased. 6. Perusal of record shows that applicant is named in the First Information Report and there is allegation that on the morning of 14.07.2021, while the deceased was going to attend call of nature, due to previous enmity, the applicant has attacked the deceased and caused several knife injuries and committed his murder. It is correct that the applicant is in jail since 14.07.2021 but mere period of detention cannot be a ground to allow the bail ignoring the gravity of the offence. The incident in question is quite heinous and daring. 7. Considering the submissions of learned counsel for the parties, nature of accusations, and all attending facts, without expressing any opinion on merits, no case for grant of bail is made out. 8. Accordingly, the instant second bail application filed on behalf of applicant- Vakeel Prasad is hereby rejected. 9. However, considering the period of detention of applicant, the Trial Court is directed to expedite the trial and to conclude the same as early as possible, if there is no other legal impediment. Order Date :- 25.4.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad