Neutral Citation No. - 2025:AHC:3385 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44733 of 2024 Applicant :- Ram Prakash Gond Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Kushwaha,Pooja Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Arvind Kumar Kushwaha, learned counsel for the applicant and Dr.S.B.Maurya, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in S.T.No.82 of 2020 arising out of Case Crime No.121 of 2019, under Sections 302, 120-B and 201 IPC, Police Station Myurpur, District Sonbhadra during pendency of the trial. 3. Learned counsel for the applicant submits that applicant was not named in the FIR and during investigation on the basis of false allegation merely on the basis of motive that he had illicit relationship with the wife of the deceased, he has been made accused in the present matter. 4. He further submits that however as per allegation after his arrest applicant confessed his guilt and on his pointing out one bloodstained weapon (Farsa) and his bloodstained cloths were recovered which he used at the time of incident but entire recovery is false and planted one. 5. He further submits that it is a case of circumstantial evidence and except the motive and above noted recovery there is no cogent evidence against the applicant on record. 6. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 28.9.2019, i.e., for the last more than five years. 7. Per contra, learned AGA opposed the prayer for bail and submits that on 13.12.2024 this Court called a report from the court concerned about the current status of the trial and pursuant to the order passed by this Court, court concerned submitted its report and from its perusal, it appears that the trial of the case is at its last leg and dates are being fixed for the statement of accused under Section 313 Cr.P.C., therefore, at this stage it is not proper to release the applicant on bail. 8. Learned AGA further submits that as far as merits of the case is concerned, however, it is a case of circumstantial evidence but on the pointing out of the applicant one bloodstained weapon (farsa) used in the said crime and blood stained cloths of the applicant were recovered, therefore, considering the totality of the facts and circumstances of the case, bail application of the applicant should be dismissed. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, it appears to be a case of circumstantial evidence and in the present matter applicant is in jail since 28.9.2019, i.e., for the last more than five years but it reflects from the report of the court concerned which was submitted pursuant to the order passed by this Court that trial of the case is at advance stage and 8.1.2025 is the date fixed for recording of the statements of the accused persons under Section 313 Cr.P.C. 11. Further, as far as merit of the present case is concerned, however, it is a case of circumstantial evidence but it appears that on the pointing out of applicant bloodstained weapon (farsa)which was used at the time of incident and bloodstained cloths of applicant were recovered. 12. Therefore, considering the facts and circumstances of the case discussed above, particularly, the advance stage of the trial, I am not inclined to release the applicant on bail at this stage. 13. Accordingly, the instant bail application is rejected. 14. 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. 15.However, it is expected that as trial of the case is at advance stage, trial court will conclude the trial of the case, expeditiously, without granting any unnecessary adjournment to either of the parties, preferably within two months from the date of production of the certified copy of this order. Order Date :- 8.1.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad