Neutral Citation No. - 2025:AHC:41999 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7576 of 2025 Applicant :- Gopal Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Ashok Kumar Singh, learned counsel for the applicant and Shri Pradeep Kumar, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.159 of 2018, under Sections 302, 201, 394 I.P.C., Police Station Madrak, District Aligarh, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that however, it is a case of double murder but nobody was named in the FIR and during investigation, applicant has been made accused in the present matter through the statements of co-accused persons and except the statements of the co-accused and confessional statement of the applicant, there is no cogent evidence against the applicant on record. 4. He further submits that even co-accused Dharmpal and Vijay Sharma have been released on bail by Co-ordinate Benches of this Court and their bail orders have been annexed alongwith the instant bail application and on facts, case of applicant is at par with them. 5. He further submits that applicant is in jail in the present matter since 04.09.2018 i.e. for last more than six and half years and till date not even single prosecution could be examined and after considering his long incarceration, a report was called from the court concerned with regard to current status of the trial of the case, which is on record and from its perusal also, it reflects that till date not even single witness could be examined out of total 25 witnesses of the charge-sheet. 6. He further submits that however, apart from the present case, applicant is having criminal history of two other cases but his criminal history has been explained in the affidavit filed in support of the instant bail application. 7. Per contra, learned AGA opposed the prayer for bail and submit that applicant is having criminal history of four other cases but could not dispute the other arguments on facts advanced by learned counsel for the applicant including the fact that applicant is in jail in the present matter since 04.09.2018 i.e. for last more than six and half years and similarly placed two co-accused Dharmpal and Vijay Sharma have been released on bail by Co-ordinate Benches of this Court. 8. I have heard learned counsel for both the parties and perused the record of the case. 9. However, it is a case of double murder but there is no eye- witness account and during investigation, applicant has been made accused in the present matter and it reflects, except the statements of the co-accused and confessional statement of the applicant, there is no cogent evidence against the applicant on record. 10. Further, similarly placed two co-accused Dharmpal and Vijay Sharma have been released on bail by Co-ordinate Benches of this Court. 11. Further, applicant is in jail in the present matter since 04.09.2018 i.e. for last more than six and half years and till date trial of the case could not be concluded. Considering the long incarceration of the applicant, a report was called from the court concerned with regard to current status of the trial of the case and from its perusal, it reflects, till date not even single witness could be examined out of total 25 witnesses of the charge-sheet, therefore, it reflects, trial of the case is moving with languid pace and there is no hope of its early disposal. 12. Further, considering the long incarceration of the applicant of more than six and half years, it cannot be said that fundamental right of speedy trial of the applicant has not been violated. 13. Further, however, apart from the present case, applicant is having criminal history of four other cases and criminal history of only two cases of the applicant has been explained in the affidavit filed in support of the instant bail application but considering the long incarceration of the applicant of more than six and half years and other facts and circumstances of the case, in my view, merely on the basis of criminal antecedents, it is not proper to withheld his bail application. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Gopal, be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 17. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 18. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 21.3.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad