Neutral Citation No. - 2025:AHC:66397 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10659 of 2025 Applicant :- Vikash Singh Patel Opposite Party :- State of U.P. Counsel for Applicant :- Anand Priya Singh,Shailendra Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Shailendra Singh, learned counsel for applicant and Sri Bhupendra Pal Singh, learned AGA for State. 2. This is third bail application filed by applicant-Vikas Singh Patel in Case Crime No. 114 of 2023, under Sections 147, 148, 302, 504, 506, 34 IPC, Police Station Robertsganj, District Sonbhadra. Second bail application of applicant was disposed of vide order dated 21.08.2024 by giving following reasons: “In pursuance of an order dated 22.05.2024 passed by this Court, learned Trial Court has submitted a status report dated 29.06.2024 that prosecution has now proposed 9 witnesses to examine, out of them, one has already been examined and cross- examination of P.W.-2 was under way and trial could be concluded within one year. Learned counsel for applicant refers the statement of P.W.-2, however, as referred above, her cross-examination is still left, therefore, at this stage, the Court cannot look much into the said statement. Learned counsel also refers that three co-accused has already been granted. The Court has perused the said orders but it has been either allowed on basis of their respective roles or assigning reasons which may not be in terms of various judgments passed by Supreme Court on issue. Learned A.G.A. refers the examination-in-chief of P.W-2 that specific role has been assigned to applicant also of causing hurt as well as that presence of applicant is being fixed being part of unlawful assembly. In the aforesaid circumstances, at this stage, no ground is made out to grant bail, however, in case trial is not concluded or not much proceeded within a period of six months, applicant will have liberty to approach this Court or trial Court, as advised. Accordingly, application is disposed of with aforesaid observation.” 3. In pursuance of an order passed by this Court, Trial Court has submitted status report that out of 9 proposed prosecution witnesses, five witnesses have been examined and trial can be concluded within six months. 4. Learned counsel for applicant referring to order sheet submits that concerned Investigating Officer has not come forward to depose and on 01.02.2025 a bailable warrant was issued. However, no further order sheet is placed on record. 5. Learned AGA appearing for State submits that in case said witness does not turn up on the next date of hearing, prosecution will propose to issue non-bailable warrant against him. 6. In aforesaid circumstances, at this stage since trial is proceeding, therefore, no case for bail is made out. However, it is directed that said Investigating Officer, i.e., S.I. Kapil Deo Yadav, if not appeared on the next date, non bailable warrant shall be issued against him and Superintendent of Police, Sonbhadra is directed to ensure that said non-bailable warrant shall be executed. 7. The bail application is accordingly disposed of with observation that in case trial is not concluded within six months, as referred in status report, applicant will have liberty to approach this Court or Trial Court concerned, as the case may be. Order Date :- 29.4.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad