Neutral Citation No. - 2025:AHC:143992 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42520 of 2023 Applicant :- Arun Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Kameshwar Singh,Rakesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard 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. 215 of 2021, under Sections 498A, 304B of I.P.C. read with Section 3/4 Dowry Prohibition Act, Police Station Atarra, District Banda, during the pendency of trial. First bail application of the applicant was rejected by this Court vide order dated 22.02.2023 in Criminal Misc. Bail Application No. 49166 of 2022. Main substratum of argument of learned counsel for the applicant is that the applicant is languishing in jail since 09.12.2021, but till date, his trial has not been concluded, whereas there is no delay on his part, 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 vehemently opposed the prayer for bail of the applicant by contending that deceased died her unnatural death within short span of her marriage in her matrimonial home by committing suicide, but could not give satisfactory explanation with regard to delay in trial of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that there are twenty-one prosecution witnesses of the charge- sheet. Vide order dated 21.01.2025 a report was called for from the concerned Presiding Officer with regard present status of trial of the applicant with further direction that the trial court shall also indicate the cause of delay in concluding the trial. Pursuant to the aforesaid order of this Court, the trial court submitted its report dated 10.02.2025 mentioning inter alia that till date only ten prosecution witnesses have been examined. The trial court has specifically mentioned that on account of non service of process upon the prosecution witnesses by the SHO concerned, the witnesses did not appear to give their statements. In view of the report dated 10.02.2025 of the trial court, it is clear that the applicant has fully co-operated with the trial and there is no delay on his part. Delay is being caused due to non-production of the prosecution witnesses on the dates fixed before the trial court. Speedy trial of the applicant is fundamental right, which is being violated in this case. Under the circumstances as noted above, in the light of judgment of this Court in Criminal Misc. Bail Application No. 34950 of 2024 (Manoj Vs. State of U.P.) decided on 05.12.2024, this Court feels that the applicant has made out a case for bail on the ground of long detention and non-proceeding of the effective trial of the applicant. Hence, the bail application is hereby allowed. Let the applicant-Arun Yadav, 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. (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. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. Order Date :- 21.8.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad