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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28985 of 2025 Court No. - 49 HON'BLE AJAY BHANOT, J. This is the second bail application. By means of this bail application the applicant has prayed to be enlarged on bail in S.T. No. 1322 of 2023, Case Crime No. 0256 of 2023, under Sections 147, 148, 149, 307, 302, 120B I.P.C. and 7 Criminal Law Amendment Act and Section 3/25 Arms Act at Police Station-Sarai Lakhansi, District-Mau. The applicant is in jail since 27.07.2023. The first bail application of the applicant was rejected by this Court on 01.07.2024. Reliance on the bail application of co-accused Suraj Singh is misconceived, inasmuch as, the order of granting bail to Suraj Singh clearly records that the role of applicant is distinguishable for the reason that the applicant in the instant case is a repeat offender. There is every possibility of influencing the witnesses. At this stage, no fresh ground for bail is made out. Without going into the merits of the case, the bail application is dismissed. However, learned counsel for the petitioner contends that the directions issued by this Court on 01.07.2024 in Criminal Misc. Bail Application No. 23091 of 2024 have not been complied Versus Counsel for Applicant(s) : Indresh Kumar Singh, Kavita Aman, Manoj Kumar Yadav, Mohit Behari Mathur, Shivam Yadav Counsel for Opposite Party(s) : G.A. Anil Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
with by the learned trial court. The trial is moving at a snail's pace and shows no sign of early conclusion. The applicant is not responsible for the delay in the trial proceedings. The prosecution is deliberately delaying the conduct of the trial to prolong the incarceration of the applicant. Inordinate delay in concluding trial will lead to an indefinite detention of the applicant. The right of the applicant to speedy trial has been violated. The status report sent by the learned trial court discloses that the prosecution proposes to examine 18 prosecution witnesses to bring home the charges. However, till date only 4 witnesses have been examined. The eye witnesses are yet to be examined. Prima facie, it appears that the directions of this Court have not been complied with and this is a rather distressing state of affairs. Disobedience of orders of this Court by the learned trial court strikes directly at the root of the rule of law.
Learned District Judge shall look into the matter regarding prima facie disobedience of the aforesaid directions of this Court by the learned trial court and the cause for the delay in concluding the trial. It is further directed that in case the accused persons who have been enlarged on bail do not cooperate in the trial or adopts dilatory tactics, the learned trial court shall record a finding to this effect and cancel the bail without recourse to this Court. A copy of this order be communicated to the learned trial judge through the learned District Judge, Mau by the Registrar (Compliance) by Email. March 19, 2026 Nisha BAIL No. 28985 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad