Neutral Citation No. - 2025:AHC:89533 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14037 of 2025 Applicant :- Aakash Alias Abhishek Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Dwivedi Counsel for Opposite Party :- Anurag Tripathi,G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the material brought on record. 2. The present fourth bail application has been filed by the applicant in S.T. No. 1528 of 2021, arising out of Case Crime No. 391 of 2021, under Sections 147, 148, 149, 307, 302, 504, 506, 34 IPC, P.S. Nawabganj, District Prayagraj, with the prayer to enlarge him on bail. 3. According to the prosecution version, the first information report was lodged against the applicant and five other accused persons, alleging that on 23.05.2021 at 11:00 PM while the informant along with his brother Anshu Mishra @ Sachin was coming on motorcycle, a Mahindra XUV vehicle over took them and stopped the motorcycle and on account of election enmity, on the exhortation of co-accused persons, the applicant / accused fired a bullet at informant's brother Anshu Mishra @ Sachin Mishra. One fire was also made at informant however, he escaped. After incident accused persons ran away from there. The informant took the deceased to hospital where he was declared dead. 4. It has been argued by learned counsel for the applicant that the first bail application of applicant was rejected by this Court vide order dated 04.12.2021, the second bail application was rejected vide order dated 24.04.2023 and trial Court was directed to expedite the trial and to conclude the same preferably within a period of nine months. The third bail application of applicant was rejected by this Court vide order dated 09.05.2024 and the trial Court was again directed to expedite the trial and to conclude the same as early as possible preferably within a period of seven months but trial has not been concluded so far. It was submitted that alleged incident took place in dark night and there was no source of light and that identity of the applicant is doubtful. All the material witnesses have been examined before the trial Court and thus there is no possibility of tampering with evidence. It was pointed out that the trial Court has fixed the case for final arguments but after that the prosecution has filed an application under Section 311 Cr.P.C. for recalling of Investigating Officer and thus, the trial of the case is likely to take sufficient long time, whereas applicant is in jail since 20.06.2021 and thus he has undergone the detention of about five years. The criminal history of five cases shown against the applicant has been explained. Lastly, it was stated in case the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in trial. 5. Learned A.G.A. has opposed the prayer for bail and submitted that applicant is the main accused and he has been assigned the role of firing at deceased. The first, second and third bail application of applicant has already been rejected on merits. 6. Considering submissions of learned counsel for the parties, period of detention and the fact that all material witnesses have already been examined before the trial Court and all attending facts and circumstances of the matter, without expressing any opinion on the merits, a case for bail is made out. 7. The bail application is allowed. 8. Let the applicant - Aakash @ Abhishek Pratap Singh involved in aforesaid case be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize / intimidate any of the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 9. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. Order Date :- 26.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad