Neutral Citation No. - 2025:AHC:61269 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12585 of 2024 Applicant :- Akhilesh Yadav @ Puturoo Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Chauhan Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Supplementary affidavit filed today is taken on record. 2. This is the second bail application. The first bail application of the applicant was rejected by this Court vide order dated 17.05.2023 passed in Criminal Misc. Bail Application No. 21005 of 2023. 3. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 4. Learned counsel for the applicant submits that after rejection of the first bail application, the trial has commenced. Learned counsel further submits that this Court vide order dated 29.11.2024 had called for status of trial and in compliance of the said order a compliance affidavit has been filed by the State which is on the record, as per which, there are 23 prosecution witnesses, none of them have been examined as yet, and bailable warrant of Rs. 10,000/- has also been issued against the first informant on 20.03.2025 but till date he has not turned up before the trial court. Learned counsel has further drawn attention of the Court to the order sheet of the trial court, annexed with the supplementary affidavit filed today to submit that the incident occurred on 18.02.2023, charge sheet was framed on 20.04.2023, charges were framed on 10.11.2023, there were as many as 23 prosecution witnesses and none of them have been examined till date and dates are being fixed regularly for evidence of witnesses. Thus, it appears that trial is running at slow pace and there is no hope of its early conclusion in near future and the applicant is in jail since 18.02.2023. Therefore, applicant may be enlarged on bail, at this stage. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 18.02.2023, having no criminal history. 5. Learned A.G.A. for the State has opposed the prayer for bail but has not disputed the above submissions made on behalf of applicant. 6. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 7. Let applicant-Akhilesh Yadav @ Puturoo, involved in Case Crime No. 76 of 2023, under Sections 302, 34 I.P.C., Police Station Jhusi, District Allahabad, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- (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 will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. 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. (iv) 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 her 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 her, in accordance with law, under section 174-A I.P.C. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law and the trial court may proceed against her under Section 229-A IPC. 8. 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 in accordance with law. 9. The bail application is allowed. Order Date :- 22.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad