HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29712 of 2023 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri J.P.Singh holding brief of Sri Rajiv Chowdhury, learned counsel for the applicant and Sri Alok Sharma, learned A.G.A. 2. This is the second bail application. First bail application was rejected vide order dated 24.4.2023. 3. The present bail application has been filed on behalf of the applicant in Case Crime No.431 of 2022, under Sections 302, 307, 34 and 201 I.P.C. Police Station-Phoolpur, District-Varanasi. 4. It may be a case that prosecution witnesses are not regularly coming forward to depose their testimony, however, Court cannot ignore at this stage that prosecution witnesses are granted police protection as well as that present applicant has even not proposed to cross-examine them, therefore liberty to cross-examine them was closed though, later on, it appears that it was recalled. 5. In aforesaid circumstances considering that it is a case of murder, therefore, at this stage, no case of bail is made out. However, it is necessary to direct the concerned Senior Superintendent of Police that since prosecution witnesses have been granted police protection, therefore, it is their duty that witnesses appear as and when directed and in case despite coercive measures, they are not appearing all endeavour for their protection and recording their testimony be taken. 6. Learned Trial Court is directed to submit a progress report on quarterly Versus Counsel for Applicant(s) : Dharmendra Kumar Singh, Rajiv Chowdhury, Vijay Laxmi Counsel for Opposite Party(s) : G.A. Akash Maurya .....Applicant(s) State of U.P. .....Opposite Party(s) basis before Registrar General of this Court which shall include statement of concerned Senior Superintendent of Police that he has taken all endeavour to produce prosecution witnesses for recording their testimony. 7. This Second Bail Application is disposed of with liberty to the applicant that if he files a subsequent bail application after three months, Registrar General of this Court shall place all the reports on record. September 22, 2025 SB BAIL No. 29712 of 2023 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad