Neutral Citation No. - 2025:AHC:114822 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10808 of 2025 Applicant :- Bantu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Gaurav Srivastav,Rajesh Kumar Srivastava Counsel for Opposite Party :- Atul Kumar Singh,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajesh Kumar Srivastava, learned counsel for the applicant, Sri Suresh Bahadur Singh, learned A.G.A. for the State- respondent and Sri Atul Kumar Singh, learned counsel for the informant. 2. The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.190 of 2022, under Sections 376, 328 I.P.C. and Sections 5P/6 POCSO Act, Police Station- Khandauli, District- Agra, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court vide order dated 31.10.2023 and he is pressing the instant second bail application on the ground that applicant is in jail in the present matter since 11.06.2022 i.e. for last more than three years and till date trial of the case could not be concluded. 4. He further submits that till date only five witnesses could be examined by the trial court, out of total thirteen witnesses of the charge-sheet and therefore, there is no hope of early disposal of the trial of the case. 5. He further submits that victim of the case has already been examined by the trial court, therefore, there is no chance of any tampering with the prosecution evidence if applicant be enlarged on bail. 6. He further submits that right of speedy trial is a fundamental right of an accused and on its violation even in serious cases, he can be released on bail and considering the fact that applicant is detained in jail for last more than three years, it cannot be said that his fundamental right of speedy trial has not been violated. 7. He further submits that applicant is having no criminal history to his credit and therefore, considering the totality of facts and circumstances of the case, applicant should be released on bail. 8. Per contra, learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail and submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court but could not dispute the fact that applicant is in jail in the present matter since 11.06.2022 i.e. for last more than three years and till date only five witnesses could be examined by the trial court, out of total thirteen witnesses of the charge-sheet. 9. They further could not dispute the fact that victim of the case has already been examined by the trial court and applicant is having no criminal history to his credit. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court but it reflects, applicant is in jail in the present matter since 11.06.2022 i.e. for last more than three years and till date only five witnesses could be examined by the trial court, out of total thirteen witnesses of the charge-sheet, therefore, there is no hope of early disposal of the trial of the case and considering the fact that applicant is detained in jail for last more than three years, the argument advanced by learned counsel for the applicant with regard to violation of fundamental right of speedy trial of the applicant, cannot be ruled out. 12. Further, record also suggests that victim of the case has already been examined by the trial court therefore, this Court also finds merit in the argument advanced by learned counsel for the applicant that there is no chance of any tampering with the prosecution evidence if applicant be enlarged on bail. 13. Further, applicant is having no criminal history to his credit. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Bantu be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 17. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 18. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 15.7.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad