Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19534 of 2025 Applicant :- Irfan Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ravi Pandey, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 719 of 2022, under Sections 306, 504, 506, 120-B IPC & 67 I.T. Act & Section 3/5 Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, Police Station- Khoda, District- Ghaziabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court vide order dated 23.05.2023 but he is pressing the instant second bail application solely on the ground that in the present matter, applicant is in jail since 21.12.2022 i.e. for last more than two and half years and till date, trial of the case could not be concluded and till date, out of 14 witnesses of the charge sheet, only 3 witnesses could be examined, therefore, trial of the case is moving with languid pace and there is no hope of its early disposal. He further submitted that there is no evidence on record, which can suggest that applicant caused any delay in trial. 4. He further submitted that applicant is not having any criminal history. 5. Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed by this Court after considering the merit of the case but could not dispute the fact that in the present matter, applicant is in jail for last more than two and half years and till date only three witnesses could be examined out of total 14 witnesses of the charge sheet. He further could not dispute the fact that there is no evidence on record, which can suggest that applicant caused delay in trial. He further could not dispute the fact that applicant is not having any criminal history. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed by this Court after considering the fact that it appears, due to abatement of applicant deceased committed suicide but in the present matter, applicant is in jail since 21.12.2022 i.e. for last more than two and half years and till date, trial of the case could not be concluded. Record further suggests that till date, out of 14 witnesses of the charge sheet, only 3 witnesses could be examined, therefore, there is no chance of early disposal of trial. 8. Further, from the record, it could not be reflected that applicant caused any delay in trial. Further, law is settled, right of speedy trial is the fundamental right of an accused and on its violation, even in serious cases, he can be released on bail and considering the facts of the case it cannot be said that applicant's right of speedy trial has not been violated. 9. Further, applicant is not having any criminal history. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Irfan 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. 13. 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. 14. 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 :- 5.8.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad