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2025 DAILYLAW 62139 (ALL)

NEERAJ v. STATE OF U.P. AND 3 OTHERS

BAIL/51472/2023 · 2025-04-28

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66930 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51472 of 2023 Applicant :- Neeraj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ramkailash Rajbhar,Siddharth Srivastava Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, Shri Chandan Singh the learned A.G.A. for the State and perused the entire material available on record. 2. This is the second bail application filed by the applicant. First bail application was rejected by this Court vide order dated 16.03.2023 passed in Criminal Misc. Bail Application No.47518 of 2022. 3. The applicant-Neeraj has filed this second bail application with a prayer to enlarge him on bail in Crime No.209 of 2022, under Section 376D, 506 I.P.C., and Section 3/4 of POCSO Act, Police Station Kaptanganj, District Azamgarh during the pendency of the trial. 4. Learned counsel for the applicant submits that after rejection of the first bail application, the trial has commenced and only the statement of P.W.1 has been recorded. He further submits that though trial is in progress but is progressing at a slow pace which is not likely to concluded in near future. Learned counsel next submits that the applicant is languishing in jail since 14.07.2022. It is thus contended that the applicant is entitled for bail. 5. On the other hand, learned A.G.A. for the State has contended that the trial is in progress. The applicant, if enlarged on bail at this stage, will try to threaten the witnesses and will tamper with the evidence. He, therefore, submits that the present second bail application is liable to be rejected. 6. Having considered the submissions made by the learned counsel for the applicant, the learned A.G.A. for the State, considering that the charges have been framed and the trial is in progress. The statement of P.W.1 has been recorded, who has supported the prosecution case as well as considering the fact that no other new ground has been raised on behalf of applicant, I do not find any good reason to exercise my discretion in favour of the accused- applicant. 7. Accordingly, this second bail application stands rejected. 8. The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. Order Date :- 29.4.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad