HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28263 of 2024 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Sri Imran Khan, learned AGA apprised the Court that on 25.7.2024 notice has been served to the informant. Despite service of notice, none appeared on behalf of the informant. 2. Heard Sri Janardan Prasad Tripathi, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent. 3. The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No. 624 of 2022, under Sections 363, 366, 376, 506 IPC & section 3/4 POCSO Act, Police Station Sasnigate, District Aligarh, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant. The first bail application of the applicant has been dismissed by this Court vide order dated 16.8.2023 and he is pressing the instant second bail application on the ground that in the present matter applicant is in jail since 25.12.2022 i.e. for last more than two and half years but till date trial of the case could not be completed. 5. He further submitted that in the charge sheet, there are seven prosecution witnesses and till date only two could be examined. 6. He further submitted that in spite of the repeated summons till date victim could not be examined and therefore, there is no hope of early disposal of trial. He next submits, right of speedy trial is a fundamental right of an accused and on its violation, he should be released on bail and considering the facts and circumstances of the case, it can not be said, fundamental right of speedy trial of the applicant has not been violated. 7. He further submitted that applicant is not having any previous criminal history to his credit. Versus Counsel for Applicant(s) : Janardan Prasad Tripathi Counsel for Opposite Party(s) : G.A. Abhishek .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 8. Per contra, learned AGA opposed the prayer for bail and submitted that after considering merit of the case, first bail application of the applicant was dismissed by this Court. 9. He further submitted that even from the record, it reflects that victim is mentally unstable girl but he could not dispute the fact that applicant is in jail in the present matter for last more than two and a half year and till date out of seven prosecution witnesses only two could be examined and till date victim could not be examined. 10. He further could not dispute the fact that applicant is not having any previous criminal history to his credit. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, this is the second bail application filed on behalf of the applicant and first bail application of the applicant was dismissed after considering the fact that victim appears to be 17 years old mentally unstable girl but it reflects applicant is in jail in the present matter for last more than two and a half years and considering his long incarceration, a report was called from the court concerned which is on record and it appears, till date out of seven prosecution witnesses only two could be examined. Further, it could not be reflected, applicant is adopting delaying tactics. Therefore, this Court finds merit in the argument advanced by learned counsel for the applicant that trial of the case is moving with languid pace and there is no hope of its early disposal and fundamental right of speedy trial of applicant has been violated. 13. Further, however, applicant is not having any previous criminal history to his credit. 14. Therefore, considering the facts and circumstances of the case, discussed above, particularly the long incarceration of the applicant and languid pace of the trial, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant second bail application is allowed. 16. Let the applicant-Abhishek, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. BAIL No. 28263 of 2024 2 (iii) The applicant shall not indulge in any criminal and anti-social activity. 17. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 18. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. October 14, 2025 Ankita BAIL No. 28263 of 2024 3 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad