HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25468 of 2025 Court No. - 51 HON'BLE RAJ BEER SINGH, J. 1. Heard Sri Anil Srivastava, learned Senior Advocate, assisted by Sri Ankush Sharma, learned counsel for applicant, learned A.G.A. for State and perused the material brought on record. 2. The present third bail application has been filed on behalf of applicant in Case Crime No.114 of 2022, under Sections 396, 34, 120-B I.P.C., Police Station Pilkhuwa, District Hapur, with the prayer to enlarge the applicant on bail. 3. It has been argued by learned senior counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. It was submitted that applicant is not named in the FIR, which was lodged against unknown persons, alleging that on 01.04.2022 at 8:15 PM some unknown miscreants came at the shop of Mayank Mittal and in order to commit robbery and they have fired bullet at head of Mayank Mittal and also caused injuries to Rajeev Mittal and later on Mayank Mittal died of injuries. Learned counsel submitted that injured Rajeev Mittal has also not named the applicant or any co-accused person. It is further submitted that as per prosecution version applicant and co-accused persons have made extra- judicial confession before one Talib but the same is not reliable. Except the extra-judicial confession, there is no other evidence against applicant. Criminal history shown against applicant has duly been explained. Co- accused Shankar Tomar, Anand @ Nandu, Chandan @ Babar @ Mahraj @ Chhotu and Umesh have already been granted bail. It is further submitted that second bail application of applicant was rejected by this Court vide order dated 23.02.2024 and trial court was directed to expedite the trial and Versus Counsel for Applicant(s) : Ankush Sharma, Ram Bahadur Counsel for Opposite Party(s) : G.A. Abid .....Applicant(s) State of U.P. .....Opposite Party(s) to conclude the same as early as possible preferably within a period of one year but not a single witness has been examined so far and despite specific direction of this Court the trial court had failed to expedite the proceedings and case is being proceeded at snail's pace. Applicant is in judicial custody since 26.04.2022 and thus he has already undergone detention period of about three and a half years. Referring to facts of the matter, it was submitted that applicant may be granted bail. 4. Per contra, learned A.G.A. has vehemently opposed the bail application and submitted that involvement of applicant was shown on the basis of extra-judicial confession. Referring to facts of the matter, it was submitted that no case for bail is made out. 5. Perusal of record shows that applicant is not named in the first information report and mainly the case is based on extra-judicial confession. It appears that despite specific direction of this Court to expedite the trial, the trial is being proceeded at snail's pace and not a single witness has been examined so far. Considering the submissions of learned counsel for the parties and all attending facts, particularly the period of detention and stage of trial, without expressing any opinion on merits, a case for bail is made out. Hence, the present third bail application is hereby allowed. 6. Let the applicant Abid involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned, subject to the following conditions: i. The applicant shall not tamper with the evidence during trial. ii. The applicant shall not pressurize/intimidate the prosecution witnesses. iii. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not try to contact, threat or otherwise influence the complainant or any of the witness of the case. 7. In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law. October 10, 2025 CS/- BAIL No. 25468 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad