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Neutral Citation No. - 2025:AHC:110792 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9775 of 2024 Applicant :- Satish Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shahabuddin Counsel for Opposite Party :- G.A.,Jitendra Kumar Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State and perused the entire material available on record. 2. This is the second bail application filed by the applicant. First bail application was rejected by this Court vide order dated 29.03.2023 passed in Criminal Misc. Bail Application No.4130 of
2023. 3. The applicant- Satish Kumar has filed this second bail application with a prayer to enlarge him on bail in Crime No.684 of 2023, under Section 376AB I.P.C., and Section 5/6 of POCSO Act, Police Station Vijay Nagar, District Ghaziabad during the pendency of the trial. 4. Learned counsel for the applicant submits that after rejection of the first bail application, the trial has commenced and only the statement of P.W.1 has been recorded. The applicant never adopted any dilatory tactics or impeded the process of the trial. The trial is moving at a snail's pace and is not likely to conclude anytime in the near future and till date only three witness has been examined. The applicant is not responsible for the delay in the trial. Learned counsel next submits that the applicant is languishing in jail since
14.07.2022. It is thus contended that the applicant is entitled for bail. 5. On the other hand, learned A.G.A. for the State has contended that the trial is in progress. The applicant, if enlarged on bail at this stage, will try to threaten the witnesses and will tamper with the evidence. He, therefore, submits that the present second bail application is liable to be rejected. 6. Having considered the submissions made by the learned counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State, considering that the charges have been framed and the trial is in progress. The statement of P.W.-2 has been recorded, who has supported the prosecution case as well as considering the fact that no other new ground has been raised on behalf of applicant, I do not find any good reason to exercise my discretion in favour of the accused-applicant. 7.
Accordingly, this second bail application stands rejected. 8. Learned trial court shall make all endeavours to conclude the trial as expeditiously as possible from the date of receipt of a certified copy of this order. Order Date :- 10.7.2025 AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad