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Neutral Citation No. - 2025:AHC:108965 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13023 of 2025 Applicant :- Anil Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Bhushan,Shashank Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. Heard Sri Abhishek Bhushan, learned counsel for applicant and Sri B.P. Singh, learned A.G.A. for State. This is second bail application. First bail application of applicant was rejected by an order dated 08.05.2024. The applicant has again approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.40 of 2020, under Sections 302, 34 and 109 of I.P.C., Police Station-Mataundh, District-Banda. In pursuance of an order passed by this Court learned Trial Court has submitted a status report dated 01.05.2025, that out of 12 proposed prosecution witnesses, 2 witnesses have been examined.
Learned counsel for applicant submits that he is in jail since 21.05.2020 i.e. more than 5 years and trial is proceeding in a snail's speed though he is not able to dispute that both P.W.-1 and P.W.-2 were cross examined at length on various dates. Learned A.G.A. for State submits that there are very specific allegation against applicant in statements of witnesses recorded so far and specific allegation against applicant that he fired on deceased.
In the aforesaid circumstances, on basis of nature of evidence before learned Trial Court as well as the role of causing death is assigned to applicant, therefore, prayer for bail is rejected. However, in case trial is not concluded within 8 months or not much proceeded within 8 months, applicant will have liberty to approach this Court, as advised. Accordingly, bail application is disposed of.
Order Date :- 9.7.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad