Neutral Citation No. - 2025:AHC:5960 Court No. - 45 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19538 of 2021 Applicant :- Umesh Kumar Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Daya Shanker Pandey,Jagdish Singh,Rajiv Lochan Shukla,Virendra Kumar Jaiswal Counsel for Opposite Party :- G.A.,Ramesh Chandra Srivastava,Ravi Chandra Srivastava Hon'ble Saumitra Dayal Singh,J. 1. Heard Sri Arvind Kumar Yadav, holding brief of Shri V.K. Jaiswal, learned counsel for the applicant and learned AGA for the State. 2. The instant bail application has been filed on behalf of the applicant - Umesh Kumar Sharma with a prayer to release him on bail in Case Crime No. - 1545 of 2017, under Section 302, 394, 411 I.P.C., Police Station - Vijay Nagar, District Ghaziabad, during pendency of trial. 3. This is a second bail application. First bail application filed by the present applicant being Criminal Misc. Bail Application No. 19954 of 2018 was rejected vide order dated 3.12.2019. Though accused of heinous offence, it cannot be denied that against the FIR lodged on 11.9.2017, the applicant has remained confined since 15.9.2017. Thus, the applicant has remained confined for more than 7 years. As to the stage of trial, it has been submitted, the prosecution evidence is still not over. Therefore, the trial would take more time to conclude. 4. In such circumstances, it has been further submitted that the prosecution story is based on circumstantial evidence. No one has seen the real occurrence. Besides P.W.-1 and P.W.-4, other prosecution witnesses have also turned hostile at the trial. The applicant has no criminal history. Yet, he has remained confined for substantially long duration exceeding seven years. Four years have passed since then. Despite best efforts made by the trial court, trial has yet not completed. 5. In view of the above, without expressing any opinion on the final merits of the case, let the applicant - Umesh Kumar Sharma involved in the aforesaid crime be released on bail, on his 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 not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled. 7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 10.1.2025 Prakhar Digitally signed by :- PRAKHAR SRIVASTAVA High Court of Judicature at Allahabad