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Neutral Citation No. - 2025:AHC:74053 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13476 of 2025 Applicant :- Janardan Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhijeet Singh,Rajesh Pathik,Sr. Advocate Counsel for Opposite Party :- Ajay Kumar Srivastava,G.A.,Sanjay Srivastava Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Manish Kumar, advocate holding brief of Sri Rajesh Pathik, learned counsel for applicant, Sri B.P. Singh, learned AGA and Sri Sanjay Srivastava, learned counsel for informant.
2. This is second bail application. The first bail application was rejected vide order dated 09.04.2024.
3. According to status report dated 01.05.2025 submitted by Trial Court, trial is now at fag end since only last prosecution witness is to be examined i.e. Investigating Officer.
4. Learned counsel for applicant submits that accused is in jail since 07.12.2021 i.e. 3 years and 4 months; according to order sheet, I.O. is not coming forward despite non bailable warrant is issued against him on last 3 dates; there is no direct evidence against the applicant as well as there is no motive for applicant to commit alleged crime of murder, therefore, applicant may be released on bail.
5. Learned AGA as well as learned counsel for informant have opposed the bail that now trial is at fag end and present application was filed even before one year was
over since first bail was rejected on 09.04.2024 and as per report of trial Court, trial is at fag end, therefore, any order of this Court would prejudice case of either party, therefore, applicant may not be released on bail.
6. I have considered above submissions and perused the records.
7. It is not disputed that trial is at fag end and this Court cannot enter into nature of evidence and period of incarceration is not prolonged, therefore, no case of bail is made out at this stage.
8. Accordingly, bail application is rejected.
9. The Commissioner of Police, Varanasi will ensure presence of I.O. for examination on next date fixed in trial.
10. Registrar (Compliance) to take steps. Order Date :- 7.5.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad