Neutral Citation No. - 2025:AHC:51244 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46817 of 2024 Applicant :- Sunil Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Azhar Hussain,Shaban Ahmad Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. This is the second bail application. First bail application was rejected vide order dated 22.4.2024 by following reasons which are reproduced hereinafter: "(i) This Court at the stage of considering bail application cannot examine statement of witnesses to the extent that no case is made out against the applicant specifically when witness was consistent in her examination-in -chief and was subjected to lengthy cross- examination. (ii) Court also takes note that some of relevant witnesses are yet to be examined, therefore, at this stage detention period of one year and ten months cannot be considered to be prolong detention." 2. In pursuance of an order passed by this Court learned Trial Court has submitted a status report dated 23.1.2025 that statement of three prosecution witnesses have been recorded and prosecution has now proposed to examine only five witnesses. 3. Heard Sri Azhar Hussain,, learned counsel for the applicant, Sri B.P.Singh, learned A.G.A. and perused the record. 4. The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.134 of 2022, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Sadat, District-Ghazipur. 5. Learned counsel for the applicant submitted that applicant is in jail since 26.6.2022 i.e. about more than two years and 9 months and there are subsequent events also that material witnesses have already been examined as well as on basis of testimony of P.W.1 to 3, an application was filed by the complainant under Section 319 Cr.P.C. which was allowed and two other co-accused are also summoned, therefore, witnesses will be recalled for the purpose of trial qua to said co-accused which will further delay the trial. 6. 6. Learned A.G.A. has opposed the bail and submitted that statement of P.W.1 to 3 are annexed along with bail application which are in support of prosecution and since other two co- accused have been summoned, therefore, it gives an indication that prosecution case is strong, though it has not been disputed by him at this stage that since all the material witnesses have been examined, therefore, possibility to influence any witnesses does not arise as well as that applicant is in jail for more than two years and 9 months, whereas in case of conviction, minimum sentence is of 7 years. 7. I have considered the above submissions. 8. First bail application was rejected vide order dated 22.4.2024 i.e. about a year ago and as referred above, there are subsequent events which can be considered i.e trial has proceeded substantially, material witnesses have been examined and trial will be delayed since two co-accused have been summoned under Section 319 Cr.P.C. and witnesses be recalled and now there is no possibility that applicant will try to influence any witnesses, as well as that applicant is in jail for more than two years and 9 months, whereas in case of conviction, minimum sentence is of 7 years, therefore, applicant has made out a case for bail. 9. Let the applicant-Sunil Yadav, 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 on the date fixed for evidence when the witnesses are present in Court. 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 the applicant, if there is no other legal impediment. (v) Applicant has to appear on each and every date before learned Trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned Trial Court without even issuing notice. 10. 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. 11. The bail application is allowed. 12. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. Order Date :- 9.4.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad