Neutral Citation No. - 2025:AHC:50921 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5579 of 2025 Applicant :- Sahil Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. This is the second bail application. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 204 of 2023 at Police Station-Hazratnagar Gadi, District-Sambhal under Section 302 IPC. The applicant is in jail since 04.09.2023. The first bail application of the applicant was rejected by this Court on 11.09.2024. The following arguments made by Shri Irshad Ahmad, learned counsel assisted by Mohd. Faiz, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Suchit Tandon, learned AGA from the record, entitle the applicant for grant of bail: 1. The applicant is a law abiding citizen who cooperated in the investigation and has joined the trial proceedings. The applicant never tampered with the evidence nor did he influence any witness. 2. The applicant did not adopt dilatory tactics or impede the progress of the trial in any manner. 3. The trial is moving at a snail's pace and and shows no sign of early conclusion. The applicant cannot be faulted for the delay in the trial. 4. The status report sent by the learned trial court records that the prosecution proposes to examine 36 witnesses to bring home the charges. Five prosecution witnesses have been examined till date. 5. The sole eye witness has repudiated the prosecution case in his testimony before the learned trial court. He has been declared hostile at the instance of the prosecution(though the Court is not going into the merits of testimonies). 6. Inordinate delay in concluding trial has lead to virtually an indefinite imprisonment of the applicant, without any evidence. The right of the applicant to speedy trial has been violated. 7. The applicant claims congruency in role and seeks parity in relief granted to the co-accused persons namely Ali Mohsin and Danish who has been enlarged on bail by this Court by order dated 01.04.2025 and 16.07.2024 in Criminal Misc. Bail Application No.3151 of 2025 and 18111 of 2024 respectively. 8. The applicant does not have any criminal history apart from this case. 9. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Sahil 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 below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. In case the applicant does not cooperate in the process of trial or adopts dilatory tactics or threatens witnesses or violates any bail condition, the learned trial court shall record its finding to that effect and cancel the bail of the applicant without recourse to this Court. Order Date :- 8.4.2025 Vandit Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad