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Neutral Citation No. - 2025:AHC:74461 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11650 of 2025 Applicant :- Bhagwat Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Muqeem Ansari,Mohd. Mobin Ansari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. Heard Sri Mohd. Mobin Ansari, learned counsel for applicant and Sri Bhupendra Pal Singh, learned A.G.A. for State. This is second bail application. First bail application of applicant was rejected by a reasoned order dated 15.05.2024. The applicant has again approached this Court by way of filing present bail application in Case Crime No.384 of 2020, under Sections 302, 504 I.P.C., Police Station- Karchana, District- Allahabad. In pursuance of order passed by this Court, learned Trial Court has submitted a status report dated 24.04.2025 that out of initially proposed 29 prosecution witnesses, the prosecution has now proposed to examine only 8 witnesses out of which 5 witnesses have been examined and now statement of only two doctors and Investigating Officer is remained.
Learned counsel for applicant submits that applicant is in jail since 10.08.2020 and in this period all material witnesses have been examined, therefore, there is no possibility to influence any witness. It may be a case of self-defence also. Learned A.G.A. for State has opposed the bail and submits that there is eye witness account against applicant as well as the specific role has been assigned, however, the above referred status of trial is not disputed. I have considered the above submissions and above referred trial report that trial is at fag end. There is eye witness account against applicant and specific role has been assigned to him. So far as the
self-defence is concerned, it will be subject matter of trial. At this stage, the only consideration is whether period behind bar which about 4 years and 9 months could be considered to be a prolong detention, however, the Court is of the opinion since there is eye witness account against applicant and a specific role has been assigned on applicant, therefore, such period of detention cannot be considered to be a prolong detention and that trial is proceeding at a good speed. Accordingly, while rejecting the prayer made in this bail application, it is is disposed of with an observation that if trial is not concluded within 6 months, the applicant will have liberty to approach this Court or trial Court as the case may be along with status of trial.
Order Date :- 8.5.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad