Neutral Citation No. - 2025:AHC:54562 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9606 of 2025 Applicant :- Hemraj Opposite Party :- State of U.P. Counsel for Applicant :- Abdul Zarrar Khan,Deepak Singh Patel Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Deepak Singh, learned counsel for applicant, Sri B.P. Singh, learned AGA and Sri Rohit Sharma, learned counsel for complainant. 2. This Court has passed following order in bail application of co-accused Vishram on 02.04.2025 which is quoted below :- “1. Heard Sri Deepak Singh Patel, learned counsel for applicant and Sri B.P. Singh, learned A.G.A. for State. 2. Applicant has again approached this Court by way of filing present bail application in Case Crime No. 24 of 2021 under Sections 302, 323, 504 I.P.C., Police Station- Puramufti, District- Allahabad. 3. I have perused the status report dated 17.02.2025 that accused persons were granted various opportunities to produce defence witnesses and at later stage D.W.-1 and D.W.-2 were examined and now by an application dated 20.01.2025, co-accused Hemraj has prayed to produce 3 more witnesses and learned Trial Court has issued summons. 4. Learned counsel for applicant submits that co- accused Ram Ji has been granted bail by co-ordinate Bench by an order dated 12.11.2024 after taking note that since trial is at the stage of defence, therefore, there is no possibility to influence any witness as well as present applicant is in jail since 16.04.2021 i.e. just less than 4 years. 5. Learned A.G.A. for State submits that nature of evidence recorded during trial is against applicant. He further submits that presence of applicant is fixed at place of occurrence as well as he has been assigned a weapon which corroborates with the injuries found in post-mortem report. 6. I have considered the above submission and taking note present status of trial which is at the fag end i.e. at the stage of defence witness as well as considering nature of allegation against applicant, the incarceration period does not fall within the prolong detention, however, still considering that co-ordinate Bench has granted bail to co-accused in similar circumstances, therefore, in order to maintain parity, the Court is of the view that applicant is also entitled for bail. Accordingly, present bail application is allowed. 7. Let the applicant- Vishram 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) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. 8. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 9. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application.” 3. Learned counsel for applicant submits that case of applicant is as similar as case of co-accused who has been granted bail by this Court, therefore, applicant may be released on bail on same grounds. 4. Learned AGA as well as learned counsel for complainant have opposed the bail, however, have not disputed above referred submission. 5. Considering aforesaid submissions as well as taking note of above referred order, I do not find any reason not to grant relief to present applicant. 6. Let the applicant- Hemraj be released on bail in Case Crime No. 24/2021 under Sections 302, 323, 504 I.P.C., Police Station- Puramufti, District- Allahabad 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) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. (v) Applicant has to appear on each and every date before learned trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned trial Court immediately. 7. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 8. The bail application is allowed. 9. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. 10. Trial Court will take all endeavour to expedite the trial. Order Date :- 15.4.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad