Neutral Citation No. - 2025:AHC:40944 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7255 of 2025 Applicant :- Sher Pal Opposite Party :- State of U.P. Counsel for Applicant :- Shantanu Counsel for Opposite Party :- G.A.,Shivajee Singh Sisodiya Hon'ble Sameer Jain,J. 1. Heard Sri Shantanu, learned counsel for the applicant, Sri Pradeep Kumar, learned A.G.A. for the State-respondent and Sri Shivajee Singh Sisodiya, learned counsel for the informant. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.86 of 2017, under Sections 302, 323, 504 IPC, Police Station Faridpur, District Bareilly, during pendency of the trial. 3. Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by Hon'ble Ajit Singh, J. vide order dated 06.12.2019 but as His Lordship has already demitted his office, therefore the instant second bail application is listed today before this Bench as this Bench is dealing with such matters. 4. He further submits that applicant has moved the instant second bail application on the ground that after rejection of his first bail application, second bail application of co-accused Rajeveer has been allowed by Co-ordinate Bench of this Court vide order dated 10.01.2025 passed in Criminal Misc. Bail Application No.39882 of 2020 and on facts, case of applicant is exactly at par with him. 5. He further submits that applicant is having no criminal history and he is in jail in the present matter since 01.03.2017 i.e. for last more than eight years and till date trial of the case could not be concluded. 6. Per contra, learned AGA as well as learned counsel for the informant however opposed the prayer for bail and submit this is the second bail application filed on behalf of the applicant but could not dispute the fact that he is in jail in the present matter since 01.03.2017 i.e. for last more than eight years and co-accused Rajeveer has been released on bail by Co-ordinate Bench of this Court vide order dated 10.01.2025 and on facts, case of applicant is at par with him. 7. They further could not dispute the fact that applicant is having no criminal history. 8. I have heard both the parties and perused the record of the case. 9. However, this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by Hon'ble Ajit Singh, J. vide order dated 06.12.2019 but as His Lordship has already demitted his office, therefore the instant second bail application is listed today before this Bench as this Bench is dealing with such matters. 10. Further, record also suggests that after rejection of the first bail application of the applicant, co-accused Rajeveer has been released on bail by Co-ordinate Bench of this Court vide order dated 10.01.2025 and and on facts, case of applicant is exactly at par with him. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 01.03.2017 i.e. for last more than eight years and till date trial of the case could not be concluded. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Sher Pal 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 her 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. 15. 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. 16. 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. (i) The applicant shall appear before the trial court on the dates fixed, unless her 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. Order Date :- 20.3.2025/Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad