Neutral Citation No. - 2025:AHC:72041 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11194 of 2025 Applicant :- Sitaram Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Diwan Saifullah Khan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Diwan Saifullah Khan, learned counsel for the applicant and Sri B.P.Singh, learned A.G.A. 2. This is second bail application. First bail application of applicant was rejected by a reasoned order dated 7.7.2021. For reference, same is mentioned hereinafter: "In the present case, the applicant, prima facie, has committed brutal murder of the deceased wherein his head was severed by spade. The above referred injuries, prima facie, indicates the nature of assault. The application is silent in regard to the submission of learned counsel for the applicant that he was a person of unsound mind that the case could fall under Exception 1 of Section 300 IPC. In view of the above discussion and also considering the law on bail, no case for bail is made out. Therefore, the present bail application is dismissed." 3. Applicant has approached this Court by way of filing present application to enlarge on bail in connection with Case Crime No.112 of 2019, under Sections 302, 504 IPC, Police Station- Chaubeypur, District-Varanasi. 3. Learned counsel for the applicant submitted that he is languishing in jail since 5.4.2019 i.e. about six years and trial has still not concluded. 4. In pursuance of an order passed by this Court learned Trial Court has submitted a status report dated 19.4.2025 that out of 14 proposed prosecution witnesses 5 have been examined and presently cross-examination of 6th prosecution witness is underway. 5. Learned counsel for the applicant mainly argued that the above referred period of six years could be considered as a prolong detention period. However, he is not able to dispute that there is an eye witness account against the applicant. 6. Learned A.G.A. has opposed the bail application and submitted that on the basis of nature of allegation, there is a direct evidence against the applicant as well as from manner of assault, it appears to be a brutal murder, therefore, no case of bail is made out. 7. I have considered the above submissions. 8. In normal circumstances, period of six years could be considered as a prolong detention, however, considering that there is an eye witness account against the applicant as well as that applicant has brutally murdered the deceased, therefore, if he is released on bail, he could be a threat to society, therefore, no case of bail is made out. 9. Accordingly this bail application is rejected. However, it is observed that learned Trial Court will try to conclude the trial expeditiously. Order Date :- 6.5.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad