Neutral Citation No. - 2025:AHC:135999 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17899 of 2025 Applicant :- Thelu Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Ali Hasan,Asif Hasan Counsel for Opposite Party :- G.A.,Muktesh Kumar Singh Hon'ble Sameer Jain,J. 1. None appeared on behalf of the informant even in revised call. 2. Supplementary affidavit filed on behalf of the applicant is taken on record. 3. Heard Sri Ali Hasan, learned counsel for the applicant and Sri R. N. Srivastava, learned AGA for the State-respondent. 4. The instant third bail application has been filed seeking release of the applicant on bail in Case Crime No.0099 of 2024, under Sections 147, 149, 120-B, 308, 323, 452, 504, 506 and 307 IPC, Police Station Zafarabad, District Jaunpur, during pendency of the trial in the court below. 5. Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court vide order dated 24.10.2024 after considering the fact that although only general role has been assigned to all the accused, who were total four in numbers but applicant appears to be prime accused, as he was having motive to commit the crime but he is pressing the instant second bail application on the ground that applicant is facing trial for offences under Sections 307, 308 I.P.C. and he is in jail in the present matter since 24.06.2024 i.e. for last more than a year and till date, not even charges could be framed against him. 6. He further submits that however, in the alleged incident due to the alleged assault made by applicant and three others, three persons sustained injuries but except injured Amar Bahadur, injuries of other two injured were simple in nature and although injured Amar Bahadur sustained injury on his head but there is no evidence that applicant was the author of that injury. 7. He further submits that applicant is having no criminal history to his credit. 8. He further submits that therefore considering the above facts, applicant should be enlarged on bail. 9. Per contra, learned AGA opposed the prayer for bail and submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court but could not dispute the fact that applicant is facing trial for offences under Sections 307, 308 I.P.C. and he is in jail in the present matter since 24.06.2024 i.e. for last more than a year and till date, not even charges could be framed against him. 10. He further could not dispute the fact that there is no evidence on record, which can suggest that applicant is responsible for delay in trial. 11. He further could not dispute the fact that even as far as merit of the present case is concerned, only general allegations have been levelled against all the accused, who were total four in numbers in the FIR and applicant is having no criminal history to his credit. 12. I have heard learned counsel for both the parties and perused the record of the case. 13. However, this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court vide order dated 24.10.2024 after considering the fact that although only general role has been attributed to all the accused but considering the motive, applicant appears to be prime accused but it reflects, he is facing trial for offences under Sections 307, 308 I.P.C. and he is in jail in the present matter since 24.06.2024 i.e. for last more than a year and till date, not even charges could be framed against him. 14. Further, considering the order-sheets of the case filed by the counsel for the applicant, it appears, there is no evidence on record, which can suggest that applicant is responsible for delay in trial. 15. Further, as far as merit of the present case is concerned, however, in the incident as per the allegations, due to the assault made by applicant and three others, three persons sustained injuries but only general allegations have been levelled against all the accused and out of three injured, only injured Amar Bahadur sustained injuries, which were although according to the doctor, dangerous to life but there is no evidence that applicant is the author of the injuries sustained by him. 16. Further, applicant is having no criminal history to his credit. 17. Further, law is settled, unless proven guilty an accused is deemed to be innocent and his bail application should not be dismissed for punitive purpose. 18. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 20. Let the applicant- Thelu Sonkar, be released on bail in the aforesaid case 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) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 21. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 22. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 11.8.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad