.Neutral Citation No. - 2025:AHC:89710 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5430 of 2025 Applicant :- Vipin Opposite Party :- State of U.P. Counsel for Applicant :- Shamsher Singh Counsel for Opposite Party :- G.A.,Saurabh Tripathi,Shantanu Srivastava Hon'ble Sameer Jain,J. 1. Heard Sri Shamsher Singh, learned counsel for the applicant, Sri Lal Bahadur Yadav, learned Advocate holding brief of Sri Shantanu Srivastava, learned counsel for the informant and Sri Pradeep Kumar, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 274 of 2020, under Sections 147, 148, 149, 336, 302, 504, 506 IPC, Police Station- Dhampur, District- Bijnor, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is named in the FIR along with five others but only general allegation has been levelled against all the accused persons including co-accused Rinku @ Rupendra and Golu @ Ritik and co-accused Rinku @ Rupendra has been released on bail by co- ordinate Bench of this Court vide order dated 18.12.2023 passed in Criminal Misc. Bail Application No. 56024 of 2021 and thereafter even co-accused Golu @ Ritik has also been released on bail by this Court vide order dated 27.09.2024 passed in Criminal Misc. Bail Application No. 21359 of 2023 and on facts case of applicant is at par with them. 4. He further submitted that even in the present matter, applicant is in jail since 06.08.2020 i.e. for last more than four and half years and considering his long incarceration, a report was called from the court concerned and from the report of the court concerned dated 12.05.2025, it reflects Investigating Officer concerned Ranjan Kumar Sharma is not appearing before the court concerned for several dates in spite of the fact that coercive measures were taken against him. He further submitted that considering the report submitted by the court concerned, it reflects, fundamental right of speedy trial of the applicant has also been violated. 5. He further submitted that applicant is not having any previous criminal history. 6. Per contra, learned AGA as well as learned counsel for the informant, however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard both the parties and perused the record of the case. 8. However, applicant is named in the FIR along with five others and as per allegation, he along with other accused persons committed the murder of the deceased but it reflects, only general allegation has been assigned to all the accused and co-accused Rinku @ Rupendra and Golu @ Ritik have already been released on bail by this Court and on facts, case of applicant is at par with them. 9. Further, from the report of the court concerned, it reflects, Investigating Officer of the case Ranjan Kumar Sharma is not appearing before the court concerned for last several dates in spite of the fact that coercive measures were taken against him. 10. Further, applicant is in jail in the present matter for last more than four and half years, therefore, 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 at this stage. 11. Further, applicant is not having any previous 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- Vipin 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 :- 26.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad