Neutral Citation No. - 2025:AHC:135995 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23053 of 2025 Applicant :- Ram Pratap Opposite Party :- State of U.P. Counsel for Applicant :- Shivam Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shivam Singh, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State-respondent. 2. The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.670 of 2024, under Section 105 B.N.S., Police Station Puwayan, District Shahjahanpur, during pendency of the trial in the court below. 3. 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 on merit by this Court vide order dated 24.01.2025 and he is pressing the instant second bail application on the ground that applicant is facing trial for offence under Section 105 B.N.S. and he is in jail in the present matter since 04.10.2024 i.e. for last more than ten months and till date not even single prosecution witness could be examined by the trial court. 4. He further submits that as per allegation, applicant gave a single blow of wooden stick to the deceased due which unfortunately he died and therefore, it could not be reflected that applicant was having any intention to cause death of the deceased. 5. He further submits that applicant is having no criminal history to his credit. 6. Per contra, learned AGA however, opposed the prayer for bail and submits that this is the second bail application filed on behalf of the applicant but could not dispute the other arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for both the parties and perused the record of the case. 8. However, this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed after considering the merit of the case but it reflects, applicant is facing trial for offence under Section 105 B.N.S. and he is in jail in the present matter since 04.10.2024 i.e. for last more than ten months and till date not even single prosecution witness could be examined by the trial court. 9. Further, as far as merit of the present case is concerned as per allegation, applicant caused head injury through wooden stick to the deceased but it reflects, deceased sustained only single injury. Considering this fact, the argument advanced by learned counsel for the applicant, cannot be ruled out at this stage and it appears, this fact could not be properly appreciated by this Court at the time of the first bail application of the applicant. 10. Further, applicant is having no criminal history to his credit. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Ram Pratap, 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. 14. 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. 15. 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