HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 43710 of 2025 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Amit Kumar Pandey, learned counsel for the applicant, Sri Kamlesh Kumar Yadav, learned counsel for the first informant, and Sri Ram Kumar Verma, learned A.G.A. for the State. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 315 of 2022, under Sections 302/34 IPC, Police Station- Taranwa, District Azamgarh 3. This is second bail application. The first bail application was rejected on 24.04.2025 in Criminal Misc. Bail Application No.12128 of 2024 on the ground that the applicant is main accused. 4. Contention of learned counsel for the applicant is that the first informant was eye witnesses and it appears that the statement was recorded under Section 161 Cr.P.C. He further submitted that the applicant is in jail since 17.11.2022 and till date trial has not been concluded. He further submitted that out of total 15 witness, 10 witnesses have been examined, therefore, he is entitled to be released on bail . 5. On the other hand, learned counsel for the first informant as well as learned A.G.A. for the State opposed the prayer for bail and submitted that specific role has been assigned to the applicant by the several eye witnesses and post mortem report shows that the applicant repeatedly assaulted the deceased which shows his intention and trial is almost concluded. Therefore, the applicant is not entitled to be released on bail. Versus Counsel for Applicant(s) : Amit Kumar Pandey Counsel for Opposite Party(s) : G.A., Kamlesh Kumar Yadav Laldhar Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account of the fact that almost all the prosecution witnesses have been examined and case is at the stage of 313 Cr.P.C. The prosecution story shows that it was a sudden quarrel took place between the daughter of the applicant and deceased and the applicant, at the spur of moment, attack the deceased. The applicant is in jail for more than three and half years and for effective defence opportunity is required to be given to the applicant as per the judgement of the Apex Court and keeping in view the nature of offence, evidence, complicity of accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC Online SC 3038 as well as guideline of this Court in the case of Maya Tiwari vs State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the present application is allowed. 7. Let the applicant- Laldhar Yadav involved in the aforementioned crime 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, with the following conditions:- i. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. BAIL No. 43710 of 2025 2 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. Verification of mobile number as well as Aadhaar Card of the applicant and sureties should also be conducted by the court concerned. 11. It is made clear that the applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 13. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. 14. Application, if any, stands disposed of. May 15, 2026 A.Kr. BAIL No. 43710 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad