Neutral Citation No. - 2025:AHC-LKO:47153 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11229 of 2023 Applicant :- Kapeendra Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Affairs Lko. Counsel for Applicant :- Sameer Singh,Ajay Singh,Anamika Singh,Sakshi Singh,Satendra Kumar (Singh) Counsel for Opposite Party :- G.A.,Shankar Lal Pandey,Shanker Lal Pandey Hon'ble Saurabh Lavania,J. 1. This is the second bail application. First Bail Application bearing Criminal Misc. Bail Application No.4735 of 2019 was rejected by this Court vide order dated 27.07.2021. 2. Heard Shri Satendra Kumar Singh, learned counsel for the applicant, Shri Badrul Hasan, learned A.G.A.-I for the State as well as Shri Shanker Lal Pandey, learned counsel for the informant and perused the record. 3. The present application has been filed on behalf of the applicant seeking bail in Case Crime No.0136/2018, under Sections 147, 302, 120-B I.P.C. and Section 7 Criminal Law Amendment Act and Section 7/27 of the Arms Act, Police Station - Aaspur Deosara, District - Pratapgarh. 4. While pressing the instant application, learned counsel for the applicant submitted that the applicant is innocent and he has falsely been implicated in the present case. Learned counsel for the applicant further submitted that while rejecting the first bail application of the applicant vide order dated 27.07.2021, the trial court was directed to conclude the trial within one year. However, more than 04 years have been elapsed since then, but the trial has not been concluded till date and out of the total 20 witness, only 04 witnesses have been examined before the trial court. Learned counsel for the applicant has further submitted that there is no likelihood that the trial would be concluded in near future. Learned counsel for the applicants also submitted that in view of various judgments of Hon'ble Apex Court the delay in trial makes an accused entitled for bail. Learned counsel for the applicant has next submitted that so far as the criminal history of the applicant is concerned, in all the cases shown against the applicant, the applicant has been granted bail and the copy of the bail orders have been annexed along with the bail application. 5. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. In these circumstances of the case, the applicant is entitled to be released on bail. 6. Learned A.G.A. as well as learned counsel for the informant opposed the prayer of the applicant, however, he could not dispute the above contentions made by the applicant's counsel. 7. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and also taking note of the fact that conclusion of trial is not likely to be completed in near future and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed. 8. Let the applicant - Kapeendra Singh be released on bail in the aforesaid case crime number on his furnishing personal bond and two reliable sureties, out of which one should be of the family member of the applicant, of the like amount to the satisfaction of the court concerned, subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 9. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 10. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. Order Date :- 12.8.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench