Neutral Citation No. - 2025:AHC:63120 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6290 of 2025 Applicant :- Upender Alias Upendra Opposite Party :- State of U.P. Counsel for Applicant :- Tripurari Pal Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. This is the second bail application. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 1104 of 2020 at Police Station- Badhalganj, District-Gorakhpur under Sections 323, 302 IPC. The applicant is in jail since 04.09.2020. The bail application of the applicant was rejected by this Court on 16.01.2024. The following arguments made by Sri Tripurari Pal, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Sri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail: 1. The applicant is a law abiding citizen who cooperated with the police investigations and had joined the trial. 2.The applicant never influenced witnesses or tampered with the evidence. 3. The applicant never adopted any dilatory tactics or impeded the process of the trial. 4. Status report sent by the learned trial court records that the prosecution proposes to examine 28 witnesses to bring home the charges against the applicant. However, only 4 witnesses have been examined till date. 5. The trial is moving at a snail's pace and is not likely to conclude anytime in the near future. The applicant is not responsible for the delay in the trial. 6. The trial is not likely to conclude soon due to heavy docket of the trial court. 7. The two material witnesses who are the sons of the deceased have repudiated the prosecution case in their testimonies before the trial court and they have been declared hostile at the instance of the prosecution. 8. The prosecution witnesses are deliberately delaying the conduct of the trial only to prolong the incarceration of the applicant. 9. Inordinate delay in concluding trial will lead to virtually an indefinite imprisonment of the applicant without there being any credible evidence to implicate him in the offence. 10. The right of the applicant to speedy trial has been violated. 11. The applicant does not have any criminal history apart from this case. 12. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Upender Alias Upendra be released on bail in the aforesaid case crime number on the personal bond and two sureties given earlier before the learned trial court at the time the applicant was released on interim bail. No further sureties will be demanded from the applicant. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 24.4.2025 Dhananjai Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad