Neutral Citation No. - 2025:AHC:13180 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49022 of 2023 Applicant :- Ramveer Opposite Party :- State of U.P. Counsel for Applicant :- Abhinav Gaur,Ankit Shukla,Mohd. Rashid Siddiqui,Sr. Advocate Counsel for Opposite Party :- G.A.,Rajiv Kumar Singh Hon'ble Siddharth,J. Counter afÏdavit filed by learned A.G.A. is taken on record. Heard Shri Anoop Trivedi, learned Senior Advocate assisted by Shri Ankit Shukla, learned counsel for the applicant; Shri Rajiv Kumar Singh, learned counsel for the informant and learned A.G.A. The instant bail application has been filed on behalf of the applicant, Ramveer, with a prayer to release him on bail in Case Crime No. 520 of 2020, under Sections 147,148,149,302,364,506 and 120-B IPC Police Station Tappal, District- Aligarh, during pendency of trial. This is the second bail application of the applicant. The first bail application of the applicant was rejected by the Coordinate Bench of this court on 16.11.2022, which is not available now. Learned Senior Advocate appearing for applicant has submitted that no one had seen the incident but subsequently the applicant and seven others were implicated in the First Information Report after due deliberation on the next day of the incident.He has submitted that before the trial court only four prosecution witnesses have been examined till date, when the applicant is in jail since 28.9.2020.He has submitted that applicant has criminal history of seven cases explained in rejoinder afÏdavit. All the cases are of minor nature except two of them. He has further submitted that bail application of co- accused, namely, Ved Pal,Krishna Kumar, Udham and Kalua @ Naveen were allowed by this court and they were directed to be enlarged on bail. Thereafter, their bail orders were challenged before the Apex Court and were set aside on the ground that after being enlarged on bail their post bail conduct was not conducive to conducting of a free and fair trial. Learned Senior Counsel for the applicant has submitted that applicant has not been enlarged on bail as yet and there are no such allegations against him. He has submitted that definite role was assigned to the applicant on the basis of his confessional statement recorded by the police , which cannot be read against him. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail prayer of the applicant and submitted that bail granted to the co-accused has already been cancelled because of their subsequent conduct. In case applicant is enlarged on bail, he will misuse the liberty of bail. He is the main accused. Keeping in view of the long incarceration of the applicant is in jail , he is entitled to be enlarged on bail. Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed Let the applicant be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. The applicant shall cooperate in the trial sincerely without seeking any adjournment. 3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 4. 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 ofÏcer; 5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant. 6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. The trial court is directed to conclude the trial within a period one year. The registrar(Compliance)of this court is directed to communicate this order to the trial court for compliance within ten days. Order Date :- 24.1.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad