Neutral Citation No. - 2025:AHC:112838 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17085 of 2025 Applicant :- Raju Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Bhushan,Hari Narayan Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Abhishek Bhushan, learned counsel for the applicant, Shri Puneet Kumar Singh, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Raju Kumar Yadav, seeking enlargement on bail in Case Crime No. 500 of 2024, under Sections 178, 179, 180 of the Bharatiya Nyaya Sanhita, 2023, Police Station Cantt., District Gorakhpur. 3. Sri Abhishek Bhushan, learned counsel for the applicant has invited attention of this Court to the earlier order dated 28.05.2025, by which trial court was directed to intimate why summons were been issued to one of the co-accused namely Rinku Devi by fixing dates after dates and why non-bailable warrant was not being issued against her for ensuring her presence before the trial court. The trial court was required to submit a report to that effect. 4. The second bail application is being pressed on the ground that trial is proceeding at a snail's pace after rejection of the first bail application. For ensuring presence of co-accused Rinku Devi in the trial court, only summons are being issued for her. He further submits that on account of said action of trial court, the trial is not proceeding any further. It is also argued that co- accused Rinku Devi @ Neeku has been granted bail vide order dated 21.11.2024 passed by this Court in Crl. Misc. Bail Application No. 38443 of 2024. Accordingly, applicant is entitled to be released on bail. 5. Office report dated 11.07.2025 indicates that report from concerned trial court, is still awaited. This Court has passed the order dated 28.05.2025, which was duly communicated to the concerned trial court, as per the Office report dated 04.06.2025. Sufficient time has been elapsed and the concerned officer ought to have submitted the report, as desired by this Court. From the order sheet, which has been brought on record by way of a supplementary affidavit dated 03.07.2025, it is borne out that despite having knowledge of passing of order dated 28.05.2025 by this Court in a routine manner and without due application of mind, orders have been passed in this matter for ensuring presence of co-accused Rinku Devi by issuing only summons against her. 6. Without commenting on conduct of the concerned officer, this Court is of the opinion that since trial of applicant is being delayed unnecessarily and the delay cannot be attributed to the applicant, who has been appearing on all dates from jail, it is a fit case to grant bail to the applicant. 7. Bail application is accordingly, allowed. 8. Let the accused-applicant, Raju Kumar Yadav, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 14.7.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad