HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9701 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Raghvendra Yadav, learned counsel for the applicant and Sri Shatrughna Yadav, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 44 of 2024, under Sections 3, 5, 25 Arms Act, Police Station- Khanpur, District- Ghazipur, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on 24.05.2025 but he is pressing the instant second bail application on the ground that in the present matter, applicant is in jail since 03.04.2024 i.e. for last almost one and half years and till date, not even single prosecution witness could be examined although, present matter relates to the provisions of Arms Act and all the witnesses are public servant. 5. He further submitted that even charges in the present case could only be framed on 09.07.2025 and, therefore, it reflects, fundamental right of speedy trial of the applicant has been violated. 6. He further submitted that along with applicant, co-accused Ramdhari Rajbhar has also been made accused in the present matter with similar allegation and his second bail application has been allowed by this Court Versus Counsel for Applicant(s) : Akash Pandey, Manoj Rajbhar, Raghvendra Yadav Counsel for Opposite Party(s) : G.A. Sarwan Vishwakarma .....Applicant(s) State of U.P. .....Opposite Party(s) after considering delay in trial and his bail order has been annexed at page no. 17 of the supplementary affidavit dated 19.08.2025 and case of applicant is at par with him. 7. He further submitted that however, apart from the present case, applicant is having criminal history of one another case but he has explained his criminal history in the instant bail application. 8. Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court but could not dispute the arguments on facts advanced by learned counsel for applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed by this Court after considering the fact that from the possession of applicant and co-accused Ramdhari Rajbhar illegal weapons were recovered but it reflects, in the present matter, applicant is in jail for last almost one and half years and till date, not even single prosecution witness could be examined. 11. Order sheet of the case shows that charges could only be framed on 09.07.2025 and, therefore, it reflects, trial is moving with languid pace and considering the fact that there is no allegation that applicant is causing delay in trial, the argument advanced by learned counsel for the applicant that fundamental right of speedy trial of the applicant has been violated, cannot be completely rued out. 12. Further, second bail application of co-accused Ramdhari Rajbhar has been allowed after considering the sluggish pace of the trial and his incarceration and case of applicant is at par with him. 13. Further, however, apart from the present case, applicant is having criminal history of one another case but he has explained his criminal history in the instant bail application. 14. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed either for punitive or preventive purpose. BAIL No. 9701 of 2025 2 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant- Sarwan Vishwakarma 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 his 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. 18. 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. 19. 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. September 12, 2025 KK Patel BAIL No. 9701 of 2025 3 (Sameer Jain,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad