Neutral Citation No. - 2025:AHC:23165 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46057 of 2024 Applicant :- Praveen Sharma Alias Pammi Pandit Opposite Party :- State of U.P. Counsel for Applicant :- Avanish Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. This is the second bail application. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.26 of 2024 at Police Station-Jalesar, District-Etah under Sections 302, 120B IPC. The applicant is in jail since 02.02.2024. The first bail application of the applicant was rejected by this Court on 01.10.2024. The following arguments made by Shri Avanish Kumar Srivastava, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Suchit Tandon, learned AGA from the record, entitle the applicant for grant of bail: 1. The applicant is a law abiding citizen who cooperated in the investigation and has joined the trial proceedings. The applicant never tampered with the evidence nor did he influence any witness. 2. The applicant did not adopt dilatory tactics or impede the progress of the trial in any manner. 3. The trial has moved at an inordinately slow pace. The applicant cannot be faulted for the delay in the trial. 4. The status report sent by the learned trial court records that as per charge-sheet, the prosecution proposes to examine 32 witnesses to bring home the charges. Four prosecution witnesses including the material witnesses of fact have already been examined. There is no possibility of the applicant influencing the said witnesses. 5. The P.W.1-father of the deceased and other witnesses, namely, P.W.2, P.W.3 and P.W.4 have repudiated the prosecution case in their testimonies before the trial court. The said witnesses have been declared hostile at the instance of the prosecution. 6. Inordinate delay in concluding trial has lead to an indefinite detention of the applicant without there being any credible evidence to implicate him in the offence. Right of the applicant to a speedy trial has been violated. 7. The applicant does not have any criminal history apart from this case. 8. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Praveen Sharma Alias Pammi Pandit 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 below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. In case the applicant does not cooperate in the process of trial or adopts dilatory tactics or threatens witnesses or violates any bail condition, the learned trial court shall record its finding to that effect and cancel the bail of the applicant without recourse to this Court. Order Date :- 18.2.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad