Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 3390 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Onkar Nath, learned counsel for the applicant, Sri D.P.S Chauhan, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.134 of 2024, under Sections 147, 323, 325, 307, 504, 506 IPC, Police Station- Jalesar, District Etah. 3. This is second bail application. First bail application has been rejected by Hon'ble Mayank Kumar Jain, J. (retd.) vide order dated
01.10.2024. 4. Learned counsel for the applicant has submitted that despite issuance of summon and warrant, the prosecution witnesses are not appearing before the court below and the applicant is in jail for considerable long period, therefore, he is entitled to be released on bail. 5. On the other hand, learned AGA vehemently opposed the prayer and submitted that first bail application was rejected considering all the grounds, therefore, as no new ground has been raised by the counsel for the applicant, the second bail application is not maintainable. 6. The sole ground of the applicant is that the prosecution witnesses are not turning up in the trial court, which resulted in lingering on the trial and the applicant is in jail for considerable long period, is not Versus Counsel for Applicant(s) : Girraj Singh, Onkar Nath Counsel for Opposite Party(s) : G.A. Durgesh Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
correct as some of the injuries of the injured are grievous in nature and also on vital part. Co-ordinate Bench which rejected the first bail application of the applicant has already considered this ground, therefore, no case for bail is made out. 7. Accordingly, the present bail application is rejected. 8. However, the court below is directed to conclude the trial as expeditiously as possible without giving unnecessary adjournment to any of the parties and take all coercive measures to ensure the presence of prosecution witnesses. 9. It is further provided that if the prosecution's witnesses repeatedly fail to appear for considerable length of time, the applicant is at liberty to file fresh bail application before this Court. October 8, 2025 A.Kr.
BAIL No. 3390 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad