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Neutral Citation No. - 2025:AHC:122668 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9062 of 2025 Applicant :- Mangal Singh Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Gaur Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned
Additional
Government
Advocate representing the State. 2-This is the third bail application of the applicant with a prayer to release him on bail in Case Crime No. 02 of 2017, under Sections 396, 307, 412, 120-B I.P.C., Police Station Dannahar, District Mainpuri during the pendency of trial. 3-First and second bail application of the applicant was rejected by this Court vide orders dated 17.01.2023 and 20.05.2024 in Criminal Misc. Bail Application Nos. 36580 of 2022 and 37948 of 2023 respectively. 4-The main substratum of argument of learned counsel for the applicant is that the applicant is languishing in jail since 05.01.2017 but till date, his trial has not been concluded. It is next pointed out that out of 36 prosecution witnesses, only 09 prosecution witnesses have been examined before the trial court. It is also pointed out that co-accused Pancham has been granted bail vide order dated 20.01.2025 by Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No(s). 15303 of 2024 considering the incarceration period of eight years. The case of the present applicant stands on similar footing to that of co-accused Pancham, therefore, he is also entitled to be released on bail on the ground of parity. 5-On the other hand, learned A.G.A. opposed the prayer for bail of the applicant but could not dispute
the factum of the case as argued on behalf of the applicant. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that the applicant is languishing in jail since 05.01.2017 and till date, trial of the applicant has not been concluded. Co-accused Pancham, under similar accusation, has been granted bail by the Supreme Court, as noted above, hence, the applicant has made out a prima-facie case for bail on the ground of parity. 7-Accordingly, the instant bail application stands allowed.
8-Let the applicant-Mangal Singh Chauhan,be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 25.7.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad