HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 500 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. This is the second bail application on behalf of the applicant who seeks enlargement on bail in FIR No.822 of 2022, under Section 302 IPC & Section 5/27 of Arms Act, P.S. Kotwali Nagar, District Sultanpur. First bail application of the applicant was rejected on 05.08.2024. While doing so, this Court directed that statement of witnesses mentioned at Sr. Nos.10, 33, 34 & 35 be recorded expeditiously. 3. In the light of the said, learned counsel for the applicant argues that the said four witnesses have been examined and the three witnesses out of the said have not supported the prosecution. It is further argued that all the fact witnesses have been examined and the applicant is in custody since 07.08.2022. Criminal antecedents of the applicant are explained in Para 17 of the bail application which are minor offences. 4. Learned counsel for the informant, while opposing the bail application, argues that it was a case of daylight murder in a market and two witnesses who are named by the informant have been examined and have supported the prosecution. As regards the eyewitnesses, it is argued that none of them were disclosed as eyewitnesses in the FIR or the statement of the informant. It is, however, not denied that all the fact witnesses have been Versus Counsel for Applicant(s) : Amitabh Pratap Singh Counsel for Opposite Party(s) : G.A., Ashish Kumar Dubey Faiyaz Ahmad .....Applicant(s) State Of U.P. Thru. Its Addl. Chief Secy. Home Lko. .....Opposite Party(s) examined and only the two witnesses who are the I.O. and Medical Officer are yet to be examined. 5. Considering the fact that all the fact witnesses have been examined and the applicant has suffered pre-trial detention of almost 3 & 1/2 years and has no criminal antecedent except the three minor offences disclosed in Para 17, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Faiyaz Ahmad be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. 7. However, directions are issued that the two formal witnesses shall be examined with all the expedition within a period of six weeks. 8. Superintendent of Police, Sultanpur will ensure that the two formal witnesses are produced before the trial Court for recording of their testimonies and the trial Court shall endeavour to conclude the trial expeditiously. November 28, 2025 nishant BAIL No. 500 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench