Neutral Citation No. - 2025:AHC:107768 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17543 of 2025 Applicant :- Tohid @ Gopala Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Rakesh Kumar Verma, learned counsel for the applicant, Sri B.P.Singh, learned A.G.A. and perused the record. 2. This is the second bail application. 3. First bail application of the applicant was disposed of vide order dated 29.4.2024. 4. The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.711 of 2018, (S.T. No.346 of 2024, State Vs. Tohid @ Gopala), under Section 396 I.P.C., Police Station- Murad Nagar, District-Ghaziabad. 5. Applicant is facing trial under section 396 of IPC and he is in jail since 17.7.2019 that is about 6 years. 6. Learned counsel for the applicant submits that despite applicant is in jail for such a long period, charges are only framed on 8.7.2025 and till date no prosecution witness as been examined. 7. As per status report dated 5.7.2025 now the prosecution has proposed to examine only 12 witnesses, however till date no prosecution witness has been examined. 8. Per Contra, learned A.G.A submits that allegation against the applicant are serious and in case he is released on bail he will be fly risk. However status of trial is not disputed. 9. In the aforesaid circumstances taking note that applicant is in jail for about 6 years and trial has still not commenced, therefore applicant has made out a case for bail. However he is directed to mark his presence on 15th and 30th of each month at the concerned police station till the trial is concluded. In default, if any, it shall be a ground to cancel the bail. 10. Let the applicant-Tohid @ Gopala, 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) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of the applicant, if there is no other legal impediment. (v) Applicant has to appear on each and every date before learned Trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned Trial Court without even issuing notice. 11. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 12. The bail application is allowed. 13. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. Order Date :- 8.7.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad