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Neutral Citation No. - 2025:AHC:109044 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14054 of 2025 Applicant :- Prabhakar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anupam Shyam Dwivedi,Sudhir Dixit,Utkarsh Dixit Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Sudhir Dixit, learned counsel for applicant and learned AGA for State.
2. This is third bail application. The first and second bail application were rejected vide orders dated 24.05.2022 and 16.04.2024 respectively and for reference, relevant part of order dated 16.04.2024 is quoted below :-
“4. Learned counsel for applicant submits that while rejecting first bail application Court has
directed that trial be concluded preferably within one year and the said period has already expired about one year ago.
5. A status report is submitted by Trial Court that counsel for accused has taken many adjournments to cross-examine the prosecution witnesses and that as on 05.04.2024 statements of only four witnesses are remained to be recorded which are mainly formal witnesses.
6. In aforesaid circumstances, since trial is already at fag end and that delay, if any, in conclusion of trial is due to counsel for accused persons, who delayed by taking many adjournments to cross-examine the witnesses, therefore, I do not find any reason to grant bail.
7. Application is accordingly rejected.”
3. In pursuance of order of this Court, trial Court has
submitted a status report dated 16.05.2025 that out of proposed 22 witnesses, 15 have been examined and now prosecution has proposed to examine only 3 other witnesses.
4. Learned counsel for applicant submits that he is in jail since 26.12.2018 i.e. about 6 years and 8 months and trial is still not concluded.
5. Per contra, learned AGA submits that trial is proceeding and it is at fag end and according to his instructions, testimonies of witnesses are against applicant.
6. I have considered above submissions and I am of the view that as referred above, trial is at fag end and
learned counsel for applicant has not filed testimony of any witness, therefore, Court is not aware about nature of evidence led before trial Court, however, Court also takes note of submission of learned AGA in this regard.
7. In view of above, present bail application is rejected.
8. However, a liberty is granted to applicant that in case trial is not concluded within a period of 6 months from today, the applicant will be at liberty to approach this Court or trial Court, as the case may be, along with fresh status of trial.
Order Date :- 9.7.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad