Neutral Citation No. - 2025:AHC:57428 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6914 of 2025 Applicant :- Ajay Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Dev Singh Chanchal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Mr. Kamal Dev Singh Chanchal, learned counsel for applicant, Mr. Bhupendra Pal Singh, learned AGA for the State and perused the record. 2. This Court has rejected first bail application of the applicant on 04.04.2023 assigning following reasons:- "7. In the present case, due to assault, two persons died and three persons were injured. They have received multiple injuries. Statements of three injured witnesses are consistent that applicant was a part of unlawful assembly and actively participated in occurrence. A 'Danda' is assigned to him and on his pointing out a 'Danda' was recovered. 8. In these circumstances and after taking note of manner of assault and injuries caused to deceased and three injured persons as well as active participation of applicant in furtherance of common object of unlawful assembly and also considering that bail application of co-accused Bhupendra has already been rejected by Co-ordinate Bench of this Court as well as bail application of co-accused (Vijay) is rejected by this Court vide order dated 03.04.2023, therefore, no case of bail is made out. 9. Accordingly, bail application is rejected.". 3. In pursuance of an order passed by this Court, learned Trial Court has submitted a status report that out of 25 proposed prosecution witnesses, now, prosecution has proposed to examine only 16 witnesses, out of those, 5 witnesses have already been examined including two eye witnesses. According to prosecution, there are two more eye witnesses. 4. Mr. Kamal Dev Singh Chanchal, learned counsel for the applicant submits that applicant is in Jail since 28.06.2022, i.e., about two years and nine months and no active role has been assigned in statement of witnesses recorded during trial. He also submits that there is a defence of alibi. 5. Mr. Bhupendra Pal Singh, learned counsel for the State respondent submits that statement of only two witnesses is enclosed in this application. The presence of present applicant is fixed at the place of occurrence even in cross examination of eye witnesses. Applicant is facing trial with aid of Section 147 also and this is a case where two persons have died and three persons were injured. 6. In aforesaid circumstances, since trial is proceeding and still statement of two eye witnesses is still to be recorded as well as considering nature of occurrence and that applicant's presence is fixed at the place of occurrence even in the cross examination of eye witnesses, therefore, the period behind jail which is even less than three years could not be considered as prolong detention period, 7. Accordingly, present bail application is rejected. Order Date :- 18.4.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad