HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 19565 of 2024 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State, learned counsel appearing on behalf of the complainant and perused the record. 2-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. 60 of 2021, under Sections 302, 201, 498-A I.P.C. and Sections 4/25 Arms Act, Police Station-Salempur, District-Deoria during the pendency of trial. 3-The first bail application of the applicant was rejected by this Court vide order dated 24.01.2023 in Criminal Misc. Bail Application No. 4631 of 2022. 4-The main substratum of argument of learned counsel for the applicant is that the applicant is languishing in jail since 12.04.2021 but till date out of 28 prosecution witnesses, only one prosecution witness of fact and one formal witness have been examined and the statement of second formal witness is going on. It is also pointed out that three witnesses of charge-sheet namely Fatima Khatoon, Mohd. Armaan @ Eijaz and Nazbun Nisha appeared before the trial court and they have stated inter-alia that they have not given their statement during investigation and they are not aware as to how their statement has been written in the case diary, hence, on the basis of an application dated 15.01.2025 of the prosecution, they have been discharged. The applicant has no criminal antecedent and is languishing in jail since 12.04.2021. Lastly it is submitted that Versus Counsel for Applicant(s) : Santosh Kumar Mishra Counsel for Opposite Party(s) : Faheem Ahmad, G.A., Sameer Khan Mohd Shamim Ahmad .....Applicant(s) State of U.P. .....Opposite Party(s) considering the detention period of the applicant, he may be enlarged on bail. 5-On the other hand, learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail of the applicant on merit but they could not dispute the factual aspects of the matter as argued on behalf of the applicant. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that the incident in question took place on 02.04.2021 and the applicant was arrested on 12.04.2021 and since then, he is languishing in jail. In this case, charge-sheet has been submitted on 07.07.2021 and charges were framed on 18.08.2021 but at present, statement of third prosecution witness is going on. The order sheet also shows that despite repeated summons, the prosecution witnesses are not appearing on the dates fixed before the trial court for getting themselves testified hence considering the detention period of the applicant and the stage of trial as noted above as well as in the light of judgment of the Apex Court in the case of Union of India vs. K.A.Najeeb, (2021) 3 SCC 713 and without expressing any opinion on the merit of the case, the applicant has made out a case for bail. 7-Accordingly, the instant bail application is allowed. 8-Let the applicant-Mohd. Shamim Ahmad, 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 which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in 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. 19565 of 2024 2 (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 9-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 12, 2025 Saurabh BAIL No. 19565 of 2024 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad