Neutral Citation No. - 2025:AHC:108979 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13831 of 2025 Applicant :- Virendra Opposite Party :- State of U.P. Counsel for Applicant :- Nirbhay Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri P.K.Rao, learned counsel for the applicant and Sri B.P.Singh, learned A.G.A. 2. This is the second bail application. 3. First bail application was disposed of by following order dated 2.4.2024: "1. Sri Mohd. Afzal and Sri Sudhir Kumar Tiwari, Advocates are not present for applicant. 2. Sri Mithilesh Kumar, learned AGA appearing for State submits that applicant is one of the named accused and is facing trial for murder of Informant?s husband. As per post mortem result, immediate cause of death was asphyxia as a result of ante mortem strangulation. Applicant has criminal history of 12 cases. However, present status of trial is not on record. 3. In aforesaid circumstance, taking note the nature of allegations against applicant and that applicant is in jail since 01.12.2021 and present status of trial is not on record, therefore, in the interest of justice this application is disposed of with liberty to applicant to approach afresh, if trial is not concluded within one year from today. 4. A copy of this order be communicated to applicant through Jail Superintendent concerned. 5. Registrar (Compliance) to take steps." 4. In pursuance of order passed by this Court learned Trial Court has submitted a status report dated 7.5.2025 that out of proposed 19 prosecution witnesses, P.W.1 has been examined and P.W. 2 and 3 are summoned. 5. In the status report, P.W 4, Jogendra and P.W.5, Dharmendra are shown as eye witnesses. 6. Learned counsel for applicant submits that applicant is in jail since 11.12.2021 that is for the last more than 3 years and 6 months. There is no eye witness account and by referring the statement of P.W.1, he further submits that it may be a case were prosecution would fail to prove charges beyond reasonable doubt. 7. Per contra learned A.G.A submits that since material witnesses have not been still examined and that prosecution witnesses have specifically named the applicant that deceased was last seen in the company of applicant and other co accused persons. 8. I have considered the above submissions and considering that material witnesses i.e. alleged eye witnesses have not been examined as well as statement of P.W.1 remained consistent so far as allegation against the applicant is concerned, therefore, no case of bail is made out. However applicant is at liberty to approach this Court again in case trial has not substantially progressed within a period of 10 months. 9. Accordingly, this second bail application is rejected. Order Date :- 9.7.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad