HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5469 of 2023 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State, Shri Abdul Ahad, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 251 of 2020, under sections 302, 120B, 216 IPC, P.S. Hasanganj, District Lucknow. 3. Learned counsel for the applicant argues that this is second bail application. The first bail application was rejected by this Court vide order dated 12.1.2023. By doing so the submission of learned counsel for the applicant was noticed wherein he prayed that the bail application may be dismissed at this stage with direction to expedite the trial. Directions were also issued for recording the testimony of witness. In the light of the said allegations learned counsel for the applicant draws my attention to the testimony of the sole eye witness who has not assigned the role of firing to the applicant and has assigned the same role to co accused Jitendra Singh and Ganga Ram and not to the applicant. The applicant in custody since 14.9.2020 and has explained his criminal history in paragraph 15 of the bail application. Majority of cases are of the years 1998 onwards. 4. Learned counsel for the parties agree that all the fact witness have already been examined. 5. Learned AGA has opposed the bail application. Versus Counsel for Applicant(s) : Pawan Kumar Pandey Counsel for Opposite Party(s) : G.A., Abdul Ahad Prem Singh Chauhan .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. .....Opposite Party(s) 6. Considering the fact that the applicant has suffered pre trial detention of more than 5 years and the fact that witness have been examined and one of the eye witness has not assigned the role of firing to the applicant, however, without commenting upon the merits of the case, the applicant who is in jail since 14.9.2020 is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Prem Singh Chauhan 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. 8. However Commissioner of Police, Lucknow is directed to ensure that investigating officer concerned is presented for recording of his testimony with all expedition and the trial court shall ensure that trial is concluded expeditiously. November 28, 2025 J. K. Dinkar BAIL No. 5469 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench