HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28258 of 2023 Court No. - 71 HON'BLE SANJAY KUMAR SINGH, J. 1. Heard Sri A.K. Singh Solanki, learned counsel for the applicant and learned Additional Government Advocate for the State. 2. By means of this second bail application, the applicant Dharamveer, who is involved in Case Crime No. 311 of 2022, under Sections 302, 201, 34 I.P.C., Police Station Souron, District Kasganj, seeks enlargement on bail during the pendency of trial. The first bail application of the applicant was rejected vide order dated 28.03.2023 in Criminal Misc. Bail Application No. 44085 of 2022 . 3. As per prosecution case, in brief, informant who is younger brother of the deceased Bhojraj Yadav lodged F.I.R. on 02.08.2022 at 23:53 o'clock, against applicant- Dharamveer and Rajeev as well as two unknown persons, with the allegations inter-alia that his elder brother Bhojraj Yadav (now deceased) was living in village Dhela Sarai for last five months. The accused Dharamveer and his nephew Rajeev used to drive JCB and tractor at sand's stock point. Jitendra Yadav-elder brother of Dharamveer also used to come to Bhojraj Yadav, but Jitendra Yadav died on the way to hospital due to illness and vomiting of blood, therefore, Dharamveer and Rajeev had suspicion that Jitendra was poisoned to death by Bhojraj Yadav. On account of this enmity, on 30.07.2022 at 5:30 pm, Dharamveer and Rajeev took his brother on their motorcycle on the pretext of bringing liquor and feeding him in front of him and his cousin Surjeet Yadav, but he did not return till Versus Counsel for Applicant(s) : Ankit Srivastava, A.K. Singh Solanki, Geetam Singh, Mahendra Singh, Pashali Slolanki, Surya Bhan Yadav Counsel for Opposite Party(s) : Pankaj Kumar Sharma Dharamveer .....Applicant(s) State of U.P. .....Opposite Party(s) morning. Later on, Surendra Singh and Ranjeet Yadav told that they had seen Dharamveer, Rajeev and two unknown persons throwing Bhojraj into Ganga river after killing him. Since then, from the morning of 31.07.2022, people started searching on the bank of the river Ganges a hectic search was made to trace out the dead body of the deceased, but all went in vain. On 02.08.2022, at 7:00 o'clock, when divers searched his brother's body in the Ganga river, the same was found near village Kharagwari. 4. The main substratum of argument of learned counsel for the applicant is that the applicant is languishing in jail since 04.08.2022, but till date his trial has not been concluded and, therefore, considering the detention period of the applicant, he may be enlarged on bail. 5. On the other hand learned Additional Government Advocate opposed the prayer for bail by contending that there are four eye witnesses of the incident, which took place in two parts: first allegation is that deceased was taken away from his house by the accused/applicant Dharamveer and co- accused Rajeev in presence of the informant Surjeet Yadav on 30.07.2022. Second allegation is that witnessess, namely, Surendra Singh and Ranjeet Yadav had seen the accused persons while throwing the dead body of the deceased- Bhojraj in Ganga River. It is also submitted that six prosecution witnesses, out of 15 prosecution witnesses have been examined before the trial Court and they have supported the prosecution case, therefore, the bail application of the applicant is liable to be rejected. 6. Having heard the submissions of learned counsel for the parties and going through the record of the case, I find that offence is heinous in nature and there is no new ground on merit of the case. Trial of the applicant is proceeding as noted above, therefore, in the light of the judgement of the Hon'ble Apex Court in X Vs State of Rajasthan and another, 2024 SCC OnLine SC 3539, I do not find any good ground to release the applicant on bail. 7. Accordingly, the bail application is rejected . 8. However, considering the detention period of the applicant, the Senior Superintendent of Police, Kasganj is directed to ensure the presence of all the remaining prosecution witnesses on the dates fixed before the trial court. BAIL No. 28258 of 2023 2 On appearance of the prosecution witnesses, the trial court shall record their statements on the same day without granting any adjournment and opportunity of cross-examination shall be given in continuation of the examination-in-chief of the prosecution witnesses. 9. The trial court is directed to make an endeavour to conclude the trial, expeditiously without granting any unnecessary adjournment to either of the parties. 10. Office is directed to send a copy of this order within three days to the Senior Superintendent of Police, Kasganj as well as concerned trial Court for information and compliance. October 13, 2025 T.S. BAIL No. 28258 of 2023 3 (Sanjay Kumar Singh,J.) Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad