Neutral Citation No. - 2025:AHC:37510 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5582 of 2025 Applicant :- Gaurav Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Shri Manish Kumar, Advocate holding brief of Shri Ajay Singh Yadav, learned counsel for the applicant and Shri Upendra Pal Singh, learned AGA for the State and perused the record. 2. This is second bail application. First bail application of applicant was rejected by reasoned order dated 24.4.2024 and the reasons assigned therein are reproduced hereinafter:- "I am of considered opinion that present is not a fit case to grant bail to applicant mainly on following reasons:- (i) There are prima-facie cogent evidence against applicant (ii) Last seen witness account remained consistent during trial also. (iii) At this stage prima-facie there is a complete chain of circumstances." 3. In pursuance of an order passed by this Court, learned Trial Court has submitted a status report dated 10.03.2025 that out of the proposed 27 witnesses, about 10 witnesses have been discharged and statements of 10 witnesses have been recorded and the trial be concluded within a short period. 4. Shri Manish Kumar, learned counsel for the applicant submits that the applicant is in jail since 11.08.2021, i.e., 3 years and about 8 months and all the material witnesses including the last seen witness have already been examined. 5. Per contra, Shri Upendra Pal Singh, learned AGA for the State submits that the trial is proceeded substantially and in absence of testimony of last seen witness, native of evidence could not be ascertained. 6. I have considered the above submissions. 7. As referred above trial has proceeded substantially and statements of as many as 10 witnesses were recorded and number of proposed witnesses has already been discharged, as such it appears that the trial has substantially progressed. The Court also takes note that the applicant is in Jail since about more than 3 years and 8 months and at this stage possibility to influence remaining witness does not appears, therefore, this Court is of considered opinion that applicant has made out a case for bail. 8. Let the applicant- Gaurav Kumar released on bail in Case Crime No. 0758 of 2021, under Sections 302, 201 I.P.C., Police Station- Modinagar, District- Ghaziabad 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 or exemption from appearance on the date fixed in trial. 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 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 immediately. 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 :- 17.3.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad