HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26939 of 2024 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Sri Kunwar Tejendra Bahadur, learned AGA apprised the Court that on 21.7.2024 notice has been served to the informant. Despite service of notice, none appeared on behalf of the informant. 2. Heard Sri Ashutosh Kumar Pandey, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, 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. 151 of 2023, under Sections 376(3), 506 IPC and 3/4(2) POCSO Act, Police Station Balua, District Chandauli, 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 after considering merit of the case vide order dated 23.11.2024 but he is pressing the instant second bail application on the ground that applicant is in jail since 14.7.2023 i.e. for last more than two years and till date trial of the case could not be concluded. 5.He further submitted that in the charge sheet there are as many as 13 prosecution witnesses but till date only two prosecution witnesses could be examined and examination of one prosecution witness is underway and therefore, there is no chance of early disposal of case. 6. He further submitted that victim of the case has already been examined as PW 1, therefore, even if applicant is released on bail then also there is no chance of tampering with prosecution evidence. 7. He further submitted that applicant is not having any previous criminal history to his credit. Versus Counsel for Applicant(s) : Ashutosh Kumar Pandey Counsel for Opposite Party(s) : G.A. Hanuman Ram .....Applicant(s) State Of Up And 3 Others .....Opposite Party(s) 8. Per contra, learned AGA opposed the prayer for bail and submitted that this is second bail application filed on behalf of the applicant and after considering entire facts of the case, first bail application of the applicant was dismissed on merit by this Court but he could not dispute the fact that applicant is in jail in the present matter for last more than two years. 9. He further could not dispute the fact that till date out of 13 prosecution witnesses only two could be examined and examination of one prosecution witness is underway and victim of the case has already been 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. This is the second bail application filed on behalf of the applicant and first bail application of the applicant has been dismissed by this Court on merit after considering entire facts in detail but applicant is in jail in the present matter since 14.7.2023 i.e. for last more than two years and considering his long incarceration a detailed report was called from the court concerned which is now on record and it reflects, there are 13 prosecution witnesses and till date only two prosecution witnesses could be examined and testimony of (PW 3) Liza Mahajan is underway, therefore, there is no hope of early disposal of trial. 13. Further, from the report it reflects, victim of the case has been examined as PW 1. Considering this fact, the argument advanced by learned counsel for the applicant that as victim has already been examined, therefore, even if applicant is released on bail then also there is no chance of tampering with the prosecution evidence, cannot be ruled out. 14. Further, law is settled that on the ground of long incarceration an accused can be released on bail even in serious matters (See: Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari Vs. State of U.P., 2024 8 SCC 293). 15. Further, applicant is not having any previous criminal history to his credit. 16. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant second bail application is allowed. 18. Let the applicant-Hanuman Ram, 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:- BAIL No. 26939 of 2024 2 (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. (iii) The applicant shall not indulge in any criminal and anti-social activity. 19. 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. 20. 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 13, 2025 Ankita BAIL No. 26939 of 2024 3 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad