Neutral Citation No. - 2025:AHC:36647 Court No. - 10 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4586 of 2025 Applicant :- Keshav Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Lalita Mishra,Rajnish Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Rajnish Shukla, learned counsel for the applicant, Sri Alok Sharma, learned A.G.A. and perused the record. 2. This is the second bail application. First bail application of applicant was rejected vide order dated 14.5.2024 on following grounds. "(i) Applicant along with co-accused are facing trial for grievous offence of murder. According to prosecution story it appears to be a case of planned occurrence. (ii) Court takes note of examination-in-chief of informant who herself has declared to be an eye witness and has stated that applicant has actively participated in the crime. (iii) Court also takes note that testimony of two other injured witnesses is still to be recorded. (iv) Court also takes note that prosecution witnesses have not honoured summons issued to them, which has delayed the trial. (v) Court also takes note that at one stage cross-examination of P.W.1 was closed. However, later on, on the basis of an application P.W.1 he has now been now recalled for her cross- examination." 3. The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.474 of 2018, under Sections 307, 302, 323 I.P.C. and Section 4/25 of Arms Act, Police Station- Chiluatal, District-Gorakhpur. 4. In pursuance of an order passed by this Court learned Trial Court has submitted a status report that out of proposed 14 prosecution witnesses, six have been examined and testimony of P.W.7 is underway. 5. Learned counsel for the applicant submits that applicant is in jail since 9.11.2018 i.e. more than six years and three months and since the trial has substantially proceeded, even the statement of eye witnesses have already been recorded, therefore, there is no chance to influence any witness, 6. Learned A.G.A. has opposed the bail and submits that nature of evidence before the Trial Court is substantially against the applicant however, the period of incarceration and status of trial is not on record. 7. I have considered the above submissions and taking note that this is the second bail application and applicant is in jail since 9.11.2018 i.e. more than six years and three months and trial has proceeded substantially and two eye witnesses have already been examined, therefore, Court is of the view that applicant has made out a case for bail. 8. Let the applicant-Keshav Nishad, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of the applicant, if there is no other legal impediment. (v) Applicant has to appear on each and every date before learned Trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned Trial Court without even issuing notice. 9. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 10. The bail application is allowed. 11. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. Order Date :- 12.3.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad