Neutral Citation No. - 2025:AHC:35416 Court No. - 10 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4921 of 2025 Applicant :- Akhir Ansari Alias Abdul Akhir Opposite Party :- State of U.P. Counsel for Applicant :- Vineet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Vineet Kumar Singh, learned counsel for applicant and Sri Alok Sharma, learned A.G.A. for State. 2. This Court has passed following order in first bail application :- “1. Heard Sri Bhaju Ram Prasad Sharma, learned counsel for the applicant and Sri O.P. Mishra, learned A.G.A. 2. Applicant is seeking bail in Case Crime No.32 of 2020, under Sections 302 and 506 I.P.C., Police Station-Sonauli, Distrcit- Maharajganj. 3. Learned counsel for the applicant after arguing for sometime on instructions fairly submitted that since this application is pending for last more than two years and trial has proceeded, therefore, at this stage this application for bail may be disposed of with liberty to the applicant to file a fresh bail application after a reasonable period along with status of trial and statements of witnesses. 4. Considering the above submission, this application is disposed of with aforesaid liberty.” 3. This is second bail application filed on 04.02.2025. According to status report dated 20.02.2025, out of 18 proposed witnesses, 8 have been examined and trial would be concluded within 1 year. 4. Learned counsel for applicant submits that applicant is in jail since 23.02.2020 i.e. about more than 5 years and he refers evidence recorded during trial to state that there is no eye-witness account and chain of circumstances do not appear to be connected. 5. He also submits that all material witnesses have been examined, therefore, any possibility to influence remaining witnesses does not exist as well as that present applicant is husband of deceased and according to post mortem report, death was caused by comma due to ante-mortem injuries which are 4 in numbers, however, there is no eye witness account and that he has a proposed defence of 'alibi'. 6. Learned AGA has opposed the bail and submits that at this stage any comment on nature of testimony would adversely effect the case of either party; he also submits that alleged weapon used in occurrence and other material were recovered on pointing out of applicant. The evidence before Trial Court appears to be consistent. 7. I have considered above submissions and I am of considered opinion that at this stage, Court cannot make any comment on nature of testimony as well as that trial has proceeded substantially. 8. The only factor which could be considered at this stage is that material witnesses have been examined and that applicant is in jail for more than 5 years and now no possibility exists to influence any witness, therefore, this Court is of considered opinion that applicant has made out a case for bail on basis of said factors, however, applicant will not enter into boundaries of District- Maharajganj till trial is concluded except for purpose of his appearance before trial Court and in case of any vague ground for exemption, it would be a sufficient ground for trial Court to cancel/reject the bail of applicant. 9. Let the applicant- Akhir Ansari @ Abdul Akhir be released on bail in Case Crime No. 32/2020 under Sections 302 and 506 IPC, Police Station- Sonauli, District- Maharajganj 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. 10. 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. 11. The bail application is allowed. 12. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. 13. Trial Court will take all endeavour to expedite the trial. Order Date :- 11.3.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad