Neutral Citation No. - 2025:AHC:84326 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13794 of 2025 Applicant :- Akshay Kumar Basantpuri Goswami Opposite Party :- State of U.P. Counsel for Applicant :- Balram Singh,Mahabir Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Mahabir Yadav, learned counsel for applicant, Sri Bhupendra Pal Singh, learned AGA for State and Sri Akash Tomar, Advocate for Informant. 2. This is second bail application filed by applicant-Akshay Kumar Basantpuri Goswami in Case Crime No. 310 of 2021, under Sections 302, 34, 120B IPC, Police Station Ichauli, District Meerut. First bail application of applicant was disposed of vide order dated 24.04.2024 in absence of learned counsel for applicant and relevant part thereof is mentioned hereinafter: “5. In the aforesaid circumstances, taking note of above referred submissions, factual aspect of present case, nature of allegations, nature of evidence collected during investigation, however considering that counsel for applicant is not present and that applicant is in jail since 3.11.2021 as well as that trial is proceeding at snail's pace, therefore, this bail application is disposed of with an observation to learned Trial Court to conclude the trial within a period of one year from today, with liberty to the applicant to approach this Court in case trial is not concluded within aforesaid period along with status of trial.” 3. In pursuance of an order passed by this Court, Trial Court concerned has submitted a status report dated 14.05.2025 that six prosecution witnesses have been examined and statement of PW-7, i.e., Investigating Officer, is still not concluded and trial may be concluded within next six months. 4. Learned counsel for applicant submits that none of the witnesses have named applicant, no identification parade was conducted and applicant is in jail since 03.11.2021, i.e., for about three years and five months and since trial is not concluded, therefore, applicant may be granted bail. 5. Learned AGA appearing for State has opposed the prayer for bail and submits that applicant was unknown to eye witnesses, however, his presence remained consistent and during testimony eye witnesses have identified him, i.e., dock identification. Trial is proceeding and in case of bail, applicant, who is resident of a different State, be on flight risk. 6. I have considered the rival submissions and perused the material on record. 7. Taking note that applicant is one of the assailant, who was identified (dock identification) and in aforesaid circumstances there is a flight risk as well as aforesaid period cannot be considered as a prolong incarceration, therefore, present bail application is rejected. However, in case trial is not concluded within aforesaid period of six months, applicant has liberty to approach this Court. Order Date :- 20.5.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad