HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15638 of 2025 Court No. - 51 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. The present second bail application has been filed by the applicant in Case Crime No. 08 of 2020, under Section - 302 I.P.C., Police Station - Rasoolpur , District - Firozabad with the prayer to enlarge the applicant on bail. 3. It has been argued by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this case. Applicant is not named in the first information report. Applicant was implicated in this case during investigation merely on the basis of suspicion. The statement of alleged eye witness Udai Prakash is wholly improbable and doutbful. The criminal history shown against the applicant has duly been explained. 4. It is further submitted that first bail application of applicant was rejected by this Court vide order dated 18.03.2024 and trial Court was directed to expedite the trial and to conclude the same within a period of one year but the trial has not been concluded and case is still at the stage of prosecution evidence. Material witnesses have already been examined and thus there is no possibility of tampering with evidence. Some of the formal witnesses are yet to be examined and thus trial of the case is likely to take sufficient long time. It is submitted that applicant is in jail since 25.01.2020 and thus he has already undergone detention of about 5 years and 9 months. It was stated that co-accused Sonu has already been granted bail by the co-ordinate Bench of this Court. Referring to aforesaid facts and period of detention of applicant, it was submitted that applicant may be released on bail and that in case applicant is enlarged on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Ajay Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Bishambhar Kushwaha .....Applicant(s) State of U.P. .....Opposite Party(s) 5. learned A.G.A. has opposed the prayer of bail and submitted that the role of firing at deceased has been assigned to applicant and there is criminal history of 14 cases against applicant. 6. It have considered rival submissions and perused the record. 7. Perusal of record shows that there is allegation against applicant that he has fired bullet at the deceased but the applicant is in jail since last more than five and a half years and case is still at the stage of prosecution evidence. It is well-settled that right of an accused of speedy trial is part of fundamental right enshrined under Article 21 of the Constitution of India. Considering submissions of learned counsel for the parties and all attending facts, particularly period of detention and stage of trial, without expressing any opinion on the merits, a case for bail is made out. 8. The bail application is allowed. 9. Let the applicant - Bishambhar Kushwaha involved in aforesaid case be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize/ intimidate any of the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 10. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. October 15, 2025 'SP'/- BAIL No. 15638 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad