Neutral Citation No. - 2025:AHC:27821 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45101 of 2024 Applicant :- Shahjad Ansari Opposite Party :- State of U.P. Counsel for Applicant :- B.N.Singh,Manish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Manish Kumar Singh, learned counsel for the applicant and Sri B.P. Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 31 of 2024 (S.T. No. 78 of 2024), under Sections 3/5/25 Arms Act, Police Station Kadaura, District Jalaun during pendency of the trial. 3. Learned counsel for the applicant submitted that this is second bail application filed on behalf of the applicant and first bail application of the applicant was dismissed by this Court on merit vide order dated 07.05.2024 after considering the fact that from the possession of applicant and two others number of country made pistols and even half manufactured illegal weapons were recovered but he is pressing the instant second bail application on the ground that in the present matter applicant is in jail since 28.02.2024 i.e. for last one year and till date not even single prosecution witness could be examined. 4. He further submits, without any fault of the applicant, trial of the case is pending and law is settled that right of speedy trial is the fundamental right of an accused and on its violation even in serious cases an accused can be released on bail and considering the fact that in the present matter applicant is in jail since 28.02.2024 i.e. for last one year , it cannot be said that his fundamental right of speedy trial has not been infringed. 5. He further submits, apart from the present case however applicant was also made accused for an offence under Section 376 IPC but in that he has been acquitted. 6. Per contra, learned AGA opposed the prayer for bail and submitted that this is second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court on merit. Learned AGA further submitted, apart from the present case applicant is also having criminal history of one another case of Arms Act, however, he could not dispute the fact that in the present matter applicant is in jail since 28.02.2024 i.e. for last one year and till date not even single prosecution witness could be examined. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, this is second bail application filed on behalf of the applicant and first bail application of the applicant has been dismissed by this Court after considering the fact that from the possession of applicant and two others illegal weapons were recovered and it also reflects, apart from the present case applicant is also having criminal history of one another case of Arms Act but in the present matter applicant is in jail since 28.02.2024 i.e. for last one year and it appears, till date not even a single prosecution witness could be examined, therefore, it appears, trial of the case is moving with languid pace and there is no hope of its early disposal. 9. Further, law is settled that on the ground of long incarceration an accused can be released on bail even in serious cases. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant second bail application is allowed. 12. Let the applicant - Shahjad Ansari be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 13. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 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. Order Date :- 27.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad