HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28947 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Ray Sahab Yadav, learned counsel for the applicant and Sri B.P.Singh, learned A.G.A. 2. This Court has passed following order on 22.9.2025: "1. Heard Sri Ray Sahab Yadav, learned counsel for the applicant and Sri Alok Sharma, learned A.G.A. 2. This is the fourth bail application. 3. First bail application was rejected vide order dated 10.5.2023. Second bail application was rejected vide order dated 25.9.2024 and third was dismissed for want of prosecution vide order dated 29.7.2025. 4. Applicant is facing trial for offence of murder. There are eye witness account also that applicant is the main assailant who has caused death by causing fire arm injury. Applicant is in jail since 31.3.2021 i.e. 4 years and 6 months. 5. According to status report dated 6.9.2025 out of proposed 28 prosecution witnesses, 9 have been examined and trial could be concluded within a period of 6 months. 6. Learned counsel for the applicant submitted that material witnesses have already been examined and considering that applicant is in jail for more than 3 and a half years there is no likelihood that applicant may influence Versus Counsel for Applicant(s) : Anil Kumar Yadav, Ray Sahab Yadav Counsel for Opposite Party(s) : G.A. Ajay Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) any prosecution witnesses, therefore, he may be released on bail. 7. Learned A.G.A. has opposed the bail application and refers the testimony of eye witnesses that applicant's presence and his role is consistent and that he is the main assailant. In the occurrence, one person has died and two are injured. 8. Second bail application was rejected vide order dated 25.9.2024 with liberty to the applicant that he may approach this Court after six months if the trial is not concluded. 9. When the second bail application was rejected on 25.9.2024, at that time 9 witnesses were examined and till date trial is at same status which was before one year. Status report dated 6.9.2025 states that only 9 witnesses have been examined. 10. In the aforesaid circumstances, let this bail application be listed after three weeks. 11. Meanwhile, learned Trial Court will submit a report that why trial has not proceeded during the last one year and why it has not taken note of earlier order passed by this Court when the second bail application was considered and rejected. 12. Registrar (Compliance) to take steps. " 3. Applicant has approached this Court seeking enlargement on bail in Case Crime No.99 of 2021 under Sections 302, 307, 120-B I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Mirzamurad, District- Varanasi. 4. A status report dated 8.10.2025 has been sent by the learned Trial Court that now statement of the Doctor is also being recorded, during trial. 5. No explanation is being furnished by the learned Trial Court that why during the last one year, trial is proceeding in a snail space. 6. In the aforesaid circumstances, Court considers the argument of learned counsel for the applicant that applicant is in jail for last four and half BAIL No. 28947 of 2025 2 years and it may be considered as a long detention period. 7. Learned A.G.A. has opposed the above submissions and submitted that nature of evidence is consistent against the applicant. 8. I have considered the above submissions and considering the nature of evidence recorded during trial being appears to be consistent against the applicant and that period of detention i.e. about 4 and a half years and though trial is proceeding in a snail's speed, still Court is of the view that no case of bail is made out. 9. Accordingly, this fourth bail application is rejected. However, learned Trial Court is directed to proceed with the trial expeditiously. In case trial has not substantially progressed within a period of 10 months, applicant will be at liberty to approach this Court again. October 13, 2025 SB BAIL No. 28947 of 2025 3 (Saurabh Shyam Shamshery,J.) Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad