Neutral Citation No. - 2025:AHC:27892 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3593 of 2025 Applicant :- Prince Opposite Party :- State of U.P. Counsel for Applicant :- Shailesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shailesh Kumar Shukla, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 136 of 2024, under Sections 392, 411 IPC, Police Station- Nai Mandi, District- Muzaffarnagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on 16.07.2024 but he is pressing the instant second bail application on the ground that all the alleged offences are triable by Magistrate-I Class and in the present matter, applicant is in jail since 14.04.2024 i.e. for last more than ten months and till date, not even charges could be framed. 4. He further submitted that from the order sheet of the case, which has been annexed along with the instant bail application, it reflects that on the date fixed, applicant has not been produced before the court concerned and therefore, without any fault of the applicant even trial of the case could not be commenced till date. 5. He further submitted that right of speedy trial is the fundamental right of an accused and on its violation, even in serious cases, he can be released on bail and considering the order sheet of the case, it cannot be said that fundamental right of speedy trial of the applicant has not been violated. 6. He further submitted that applicant is not having any criminal history. 7. Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed after considering entire facts of the case but could not dispute the fact that in the present matter, applicant is in jail for last more than ten months and till date, not even charges could be framed. He further could not dispute the fact that applicant is not having any criminal history and all the alleged offences are triable by Magistrate. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit but it reflects that all the alleged offences are triable by Magistrate-I Class and applicant is in jail in the present matter for last more than ten months and till date, not even charges could be framed. 10. Further, from the order sheet of the case, which has been annexed along with the instant bail application, it reflects that applicant has not been produced before the court concerned on the dates fixed. Considering this fact, the argument advanced by learned counsel for the applicant that fundamental right of speedy trial of the applicant has been violated, cannot be completely ruled out. 11. Further, applicant is not having any criminal history. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Prince be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 27.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad