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Neutral Citation No. - 2025:AHC:135981 Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3608 of 2025 Applicant :- Virendra Opposite Party :- State of U.P. Counsel for Applicant :- Anand Mohan Pandey,Ashish Pandey Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. This is second bail application. First bail application has been rejected by this Court vide order dated 23.08.2024. 2. Heard learned counsel for the applicant, Mr. Mayank Awasthi, learned counsel for the State and perused the material on record. 3. This second bail application has been filed on behalf of the applicant, Virendra with a prayer to release him on bail in Case Crime No.244 of 2023, under sections 323, 376, 306 IPC, Police Station – Pailani, District –Banda, during pendency of trial. 4. Learned counsel for the applicant submits that the charges have been framed and there is no chance of conclusion of trial in near future. He further submits that the applicant has been detained in jail for a period of nearly two years, i.e. since 29.10.2023, seeing period of detention, he requests for grant of bail. He, therefore, prays that considering the period of detention as well as the status of the trial, which is not likely to be concluded in near future, the applicant may be enlarged on bail. He further submits that the applicant has no criminal history except the present case and is languishing in jail since
29.10.2023. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. 5. Per contra, learned counsel for the State has opposed the bail prayer of the applicant by contending that there is no new ground as taken by the applicant, which entitled himself to be released on bail. He further submits that a young married girl was raped and left no option for her but to commit suicide. Thus, the offence is grievous in nature. Hence the applicant is
not entitled for bail at this stage. 6.
Taking into account the gravity of the offense, the evidence presented, the involvement of the accused, the severity of the punishment, and the arguments put forth by the learned counsel for both parties, I discern no compelling reason to exercise my discretion in favor of the accused applicant. 7. Accordingly, the bail application stands rejected. 8. However, it is expected that the trial court shall make all sincere endeavours to expedite the proceedings of the trial and conclude the same as expeditiously as possible. It goes without saying that if the prosecution witnesses are not turning up deliberately, then the court below has all the powers to adopt all the coercive measures provided under the Code in order to procure the presence of the witnesses. Order Date :- 11.8.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad