Neutral Citation No. - 2025:AHC:3112 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46837 of 2024 Applicant :- Prahlad Yadav Alias Raj Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akhand Pratap Singh,Shobhit Yadav 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 this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 550 of 2023 at Police Station Kotwali Nagar, District Banda under Sections 363, 366, 376, 506 I.P.C. and Section 3/4 POCSO Act. The applicant is in jail since 19.10.2023. The first bail application of the applicant was rejected by this Court on 02.05.2024. The following arguments made by Shri Shobhit Yadav, learned counsel for 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 with the police investigations and had joined the trial. 2. The applicant never influenced witnesses or tampered with the evidence. 3. The applicant did not adopt dilatory tactics or impede the trial proceedings. 4. The victim in her deposition before the learned trial court has repudiated the prosecution case and has not identified the applicant as the principal offender who committed rape with her. She has been declared hostile at the instance of the prosecution. 5. The trial is moving at a snail's pace and shows no signs of an early conclusion. The applicant cannot be faulted for the delay in the trial. 6. Prosecution witnesses are deliberately delaying the trial only to prolong the incarceration of the applicant. 7. 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. 8. The applicant does not have any criminal history apart from this case. 9. 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- Prahlad Yadav @ Raj 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 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. (iii) The learned trial court is directed to fix the sureties after due application of mind in light of the judgement passed 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. Order Date :- 7.1.2025 Vandit Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad