HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14294 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard Mr. Akhilesh Kumar Dwivedi, learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant second bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 188 of 2024, under Sections 65(2), 351(2), 332(C) of Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 POCSO Act, Police Station Cantt., District Prayagaraj, during the pendency of trial. First bail application of the applicant was rejected by this Court vide order dated 10.01.2025 in Criminal Misc. Bail Application No. 39835 of 2024. Main substratum of argument of learned counsel for the applicant is that the applicant is languishing in jail since 06.09.2024, but till date not a single prosecution witness has been examined before the trial court, therefore, considering the detention period of the applicant, he may be enlarged on bail. On the other hand, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant on merit, but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the Versus Counsel for Applicant(s) : Akhilesh Kumar Dwivedi, Vidya Kant Tripathi Counsel for Opposite Party(s) : G.A. Suraj Kumar Alias Vishwapratap Singh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) matter in its entirety, I find that vide order dated 09.09.2025, a report was called for from the concerned Presiding Officer with regard to present status of trial of the applicant. In compliance thereof the trial court submitted its report on 17.09.2025, which is on record mentioning therein that charge has been framed against the accused- applicant on 10.09.2025 and 23.09.2025 is the date fixed for examining the prosecution witnesses. Perusing the order-sheet of the trial court, which has been filed on behalf of the applicant, I find that cognizance of the offence has been taken on 30.10.2024. The delay in trial is not on the part of the accused but on the part of the prosecution, whereas in view of Section 35(2) of the POCSO Act as well as judgment of Hon'ble Supreme Court in the case of Alakh Alok Srivastava Vs. Union of India and others, (2018) 17 SCC 291, the Special Courts are duty bound to complete the trial as far as possible within a period of one year from the date of taking cognizance. In the present case no sincere effort has been made by the prosecution to get the trial of the applicant completed in terms of Section 35(2) of the POCSO Act. In view of the above, considering the detention period of the applicant and stage of trial as noted above, the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant-Suraj Kumar alias Vishwapratap Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. BAIL No. 14294 of 2025 2 (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. September 19, 2025 Kashifa BAIL No. 14294 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad