Neutral Citation No. - 2025:AHC:86719 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14616 of 2025 Applicant :- Ram Sharan Alias Babloo Opposite Party :- State of U.P. Counsel for Applicant :- Lakshman Prasad Ojha Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Lakshman Prasad Ojha, learned counsel for applicant and Sri Bhupendra Pal Singh, learned AGA. 2. This is second bail application. The first bail application was rejected by a reasoned order dated 09.04.2024 and reasons mentioned therein are quoted below :- “(a). applicant is facing trial for committing brutal murder of his wife; (b). their child is an eye-witness account who has supported case of prosecution in her statement recorded under Section 161 Cr.P.C. but till date she has not been examined; (c). as till date testimony of eye witness has not been examined, therefore, there is high probability that he may influence the witness, therefore, it could not be considered to be a prolonged detention.” 3. In pursuance of order passed by this Court, trial Court has submitted a status report that 7 prosecution witnesses have been examined and now trial is at the stage to record statement of I.O. 4. Learned counsel for applicant submits that two material witnesses i.e. daughters of applicant and deceased have not supported case of prosecution and they have declared hostile; the applicant is in jail since 04.01.2021 i.e. more than 4 years, therefore, applicant may be released on bail. 5. Per contra, learned AGA has opposed the bail, however, nature of evidence as referred above is not disputed and he submits that even such nature of evidence could be considered in the light of judgment of Supreme Court in K.P. Tamilmaran vs. The State by Deputy Superintendent of Police, 2025 INSC 576. 6. I have considered above submissions and perused the record. 7. Considering aforesaid submissions and taking note that applicant is in jail since 04.01.2021 i.e. 4 years and 5 months as well as taking note of nature of evidence and status of trial and that now there is no threat that applicant may influence any witness, therefore, applicant has made out a case of bail. 8. Let the applicant- Ram Sharan Alias Babloo be released on bail in Case Crime No. 02 of 2021, under Sections 302 I.P.C., Police Station- Poonch, District- Jhansi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. (v) Applicant has to appear on each and every date before learned trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned trial Court immediately. 9. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 10. The bail application is allowed. 11. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. 12. Trial Court will take all endeavour to expedite the trial. Order Date :- 22.5.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad