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Neutral Citation No. - 2025:AHC:61393 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2824 of 2025 Applicant :- Raguvendra Opposite Party :- State of U.P. Counsel for Applicant :- Siddharth Shukla,Somit Shukla Counsel for Opposite Party :- G.A.,Virpratap Singh Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Siddharth Shukla, learned counsel for applicant, Sri B.P. Singh, learned AGA for State and perused the record.
2. This is third bail application. The second bail application of applicant was rejected on 02.07.2024.
3. Applicant has again approached this Court by way of filing the present Criminal Misc. Bail Application under Section 439 Cr.P.C. Case Crime No.80 of 2022, under Sections 302/201 I.P.C., P.S. Jalaun, District- Jalaun.
4. The trial in the present case at the fag end since the statements of victim accused are to be recorded under Section 313 Cr.P.C.
5. Sri Siddharth Shukla, learned counsel for applicant refers the
order passed by this Court in the case of Anas v. State of U.P., wherein taking note of the detention period of the applicant therein even at the fag end of trial, bail was granted on the ground that accused may have a better opportunity to prepare his defence properly if, bail is granted. 6. Learned AGA for the State opposed the bail, however, has not disputed above referred submission. 7. I have considered the above submission and since the applicant is in Jail since 10.05.2022, i.e., about 2 years and 11 months and therefore considering the above submissions and taking note present status of trial, the Court is of the view that applicant is also entitled for bail in order to prepare his defence properly. Accordingly, present bail application is allowed. 8. However, he has to mark his presence before the concerned Police Station on 15th and 30th date of every month till trial is concluded and in case of any default and
on basis of report of police authority, the concerned Trial Court will cancel the bail. 9. Let the applicant- Raguvendra 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 or exemption from appearance on the date fixed in trial. 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 applicant, if there is no other legal impediment. 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. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application.
Order Date :- 23.4.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad