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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22761 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. This Court has rejected the bail application of co-accused Bablu by following order dated 29.07.2025 :-
"Heard learned counsel for applicant and Sri Vikas Sahay, learned A.G.A. for State. This is second bail application. First bail application of applicant was rejected by a reasoned order dated
09.04.2024. The applicant has again approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.192 of 2020, under Sections 147, 148, 149, 504, 506, 353, 332, 333, 307, 302, 396, 412, 120B, 34 I.P.C. and 3/4 Explosive Substantial Act, 7 CLA, Police Station-Chaubepur, District-Kanpur Nagar. According to status report dated 28.07.2025 of trial, out of proposed 102 prosecution witnesses, only 16 prosecution witnesses have been examined.
Learned counsel for applicant submits that applicant is in jail since 25.08.2020 i.e. about 5 years, however, till date trial is not concluded. The applicant was not remotely connected with main accused. Similarly situated co-accused have already been granted bail. Learned A.G.A. has opposed the bail and refers the nature of allegation and manner of occurrence that it was an Versus Counsel for Applicant(s) : Prashant Singh, Sanjeev Kumar Sharma Counsel for Opposite Party(s) : G.A. Govind Saini .....Applicant(s) State of U.P. .....Opposite Party(s)
open challenge to police personnel that how dare they came to arrest main accused and his companions. I have considered above submission and considering that trial is proceeding and further taking note of allegations as well as manner of occurrence, therefore, aforesaid period of incarceration cannot be considered to be a prolong detention, therefore, prayer for bail is rejected. However, in case, trial is not substantially progressed within one year, applicant will have liberty to approach this Court or Trial Court, if so advised. Accordingly, bail application is
disposed of with aforesaid observation."
2. Sri Vikas Sahai, learned AGA submits that prosecution has now proposed only 35 witnesses for examination, out of which testimony of 18 witnesses have already been recorded and 19th witness is being cross- examined and since there are number of accused, therefore, cross examination is lengthy. He further submits that present applicant is also convicted in a case arising out of Gangsters Act.
3. Sri Prashant Singh, learned counsel for applicant submits that there is no recovery from applicant either on his pointing out or from his person and no specific role is assigned to him in the testimony of prosecution witnesses recorded so far.
4. I have considered above submissions and I am of view that no circumstance exists at this stage to take any other view which has been taken by this Court in case of Bablu (supra).
5. Court also takes note of submission of learned AGA that applicant is convicted in a criminal case arising out of Gangsters Act.
6. Accordingly, no case of bail is made out, hence, bail application is rejected. September 22, 2025/N. Sinha BAIL No. 22761 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad