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2025 DAILYLAW 127207 (ALL)

BHOLA VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/2063/2025 · 2025-03-07

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14189 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2063 of 2025 Applicant :- Bhola Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ganga Prasad,Abhishek Shukla,Hari Bux Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri H.B. Singh, learned counsel for the applicant and Shri Anant Pratap Singh, learned AGA for the State. 2. This second application has been filed seeking release of the applicant on bail in Case Crime No. 293/2022, under Sections 307, 504, 506 I.P.C., Police Station Sangipur, District Pratapgarh. First application No. 6615 of 2023 was rejected by means of an order dated 01.12.2023. However, while rejecting the bail application this Court has observed 'Keeping in view the fact that the applicant is languishing in jail since 06.11.2022 and not even a single witness has been examined till that date, the trial court was directed to proceed with the trial expeditiously, fix at least one date every week, not granting any unnecessary adjournment to any of the parties and decide the trial within a period of one year from the date of production of a certified copy of this order before the learned trial court.' This order was communicated to the trial court through e- mail dated 15.12.2023 sent by the Deputy Registrar (Criminal), High Court, Lucknow bench, Lucknow. A copy of the order sheet of the trial court has been annexed with this second bail application which shows that the aforesaid direction of this Court has not been followed by the trial court. Dates have not been fixed every week. On several dates, no prosecution witness appeared for being examined. The examination of PW-1 was recorded between 07.03.2024 to 18.07.2024 thereafter examination-in-chief of PW- 2 commenced on 04.09.2024 and it is yet to be completed. 3. Keeping in view the fact that the trial is not proceeding expeditiously in spite of specific direction of this Court and that the applicant is languishing in jail since 06.11.2022 and not even two prosecution witnesses could be examined completely during this period, I am of the view that the aforesaid facts makes out a case for enlargement of the applicant on bail. 4. Accordingly, this bail application stands allowed. 5. Let the applicant-Bhola Verma be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. . (Subhash Vidyarthi, J.) Order Date :- 7.3.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench