HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11170 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.41 of 2023, under Sections 302, 201, 394, 411, 34 of IPC, Police Station Khairighat, District Bahraich. 3. This is the second bail application. The first bail application was rejected by this Court vide order dated 04.08.2023 passed in Bail No.7467 of 2023. While doing so, directions were issued for conclusion of the trial within a year with liberty to the applicant to review his bail application, in case, the trial is not concluded within time. 4. The Counsel for the applicant argues that despite directions of this Court, the trial has not yet been concluded and only two witnesses out of 30 witnesses have been examined. It is also argued that the applicant does not have any criminal antecedents and is in custody since 10.02.2023. He further argues that the applicant was arrested based upon general allegations and last seen theory. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the fact that only 2 witnesses out of 30 witnesses have Versus Counsel for Applicant(s) : Rajesh Kumar Gupta, Amit Kumar Awasthi Counsel for Opposite Party(s) : G.A. Himanshu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. .....Opposite Party(s) been examined; there is no likelihood of the trial being concluded in near future and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial coupled with the fact that the applicant has no criminal antecedents and is in custody since 10.02.2023, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Himanshu be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the 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. October 29, 2025 akverma BAIL No. 11170 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench