Neutral Citation No. - 2025:AHC:85622 Reserved on 14.05.2025. Delivered on 21.05.2025. Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5572 of 2024 Applicant :- Hemant Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anjali Singh Tomer,Inder Pal Singh Tomar Counsel for Opposite Party :- Deepak Dubey,G.A. Hon'ble Siddharth,J. Heard Shri Inder Pal Singh Tomar, learned counsel for the applicant; Sri Deepak Dubey, learned counsel for the informant and learned A.G.A. for the State. This is second bail application of the applicant. First bail application of the applicant was rejected by this court on 19.01.2023. Learned counsel for the submits that trial is being delayed by the defence side by filing application after application under Section 311 Cr.P.C. He has submitted that trial will take time to conclude. Three such applications have been filed and they will take time to get decided and if allowed, witnesses would be recalled and reexamined. Applicant is languishing in jail since 20.11.2021. Learned counsel for the informant and learned AGA have vehemently opposed the bail application and submitted that the delay is being done by the applicant side and not by the prosecution. After hearing the learned counsel for the parties and going through the order- sheet of the trial court, this court finds that trial court had made all efforts to conclude the trial after the statements under Section 313 Cr.P.C were recorded before the trial court. Prosecution has filed applications under Section 311 Cr.P.C which will definitely delay the trial. The other co-accused appear to have been enlarged on bail earlier. Applicant has no previous criminal history to credit. Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant, Hemant Singh, involved in Case Crime No.72 of 2021, under Sections 147, 364, 342, 302, 201 and 120B I.P.C, Police Station Godha, District- Aligarh 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code. (v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 21.5.2025 SS Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad