Neutral Citation No. - 2025:AHC:111105 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17448 of 2025 Applicant :- Aman Opposite Party :- State of U.P. Counsel for Applicant :- Rishi Kumar Prajapati,Virendra Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Rakesh Kumar Agrahari, Advocate holding brief of Sri Ram Raksha Tiwari, learned counsel for applicant and Sri Alok Sharma, learned AGA for State. 2. This is second bail application. The first bail application was rejected vide order dated 29.04.2024 and relevant part thereof is quoted below :- "I am of considered opinion that present is not a fit case to grant bail to applicant mainly on following grounds:- (a) Presence of applicant is fixed at the place of occurrence by averment of FIR as well as statements recorded during investigation. (b) Nature of injuries corroborate with weapon assigned to applicant, i.e., Danda. (c) Though trial is proceeding in snail speed, however, at this stage Court cannot go into consideration of statement recorded during trial to make a comment that no case is made out against applicant. (d) Bail granted to co-accused is distinguishable from the case of applicant since Danda was assigned to applicant. 9. In view of above, while rejecting this bail application it is observed that in case trial is not proceeded substantially within eight months from today, applicant will have liberty to approach this Court or Trial Court concerned, as advised, alongwith status of trial. 10. Registrar (Compliance) to take steps." 3. In pursuance of earlier order of this Court, trial Court has submitted a status report dated 03.07.2025 that out of proposed 15 witnesses, 6 have been examined. However, learned counsel for applicant has not annexed statement of any witness. 4. Learned counsel submits that applicant is in jail since 25.03.2022 and trial has still not concluded; applicant has been falsely implicated and there is no motive with applicant to commit said crime; deceased has a dispute with the co-accused. 5. Learned AGA has opposed the bail and submits that according to prosecution case, applicant has assigned role of causing injury on head of deceased which caused death of deceased and he refers post mortem report. 6. I have considered above submissions and taking note of allegations against applicant. Since trial has proceeded, therefore, aforesaid period cannot be considered as a prolong detention period. 7. In view of above, this Court does not find any ground to release applicant on bail, hence, bail application is rejected. 8. However, in case trial is not concluded within 8 months from today, the applicant will be at liberty to approach this Court or trial Court, as advised, along with fresh status report. Order Date :- 11.7.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad