Neutral Citation No. - 2025:AHC:37369 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22632 of 2024 Applicant :- Vipin Opposite Party :- State of U.P. Counsel for Applicant :- Devesh Kumar Singh,P.K. Singh,Zafeer Ahmad Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Shri P.K. Singh, learned counsel for the applicant, Shri Upendra Pal Singh, learned AGA for the State and perused the record. 2. This is second bail application. First bail application of applicant was rejected on 10.04.2024 mainly on the ground that it was pending for last two years and there was repeated non appearance on behalf of the applicant. 3. In pursuance of an order passed by this Court, learned Trial Court has submitted a status report that four witnesses have already been examined and remaining five important material witnesses would be examined within three months. 4. Shri P.K. Singh, learned counsel for the applicant submits that the applicant is in jail since 04.07.2022, i.e., about 2 years and 11 months. Learned counsel by referring the statement of the complainant, submits that there is no eye witness account of the alleged occurrence and alleged last seen witness (Sanjay Agarwal) was not proposed as a witness. There is no motive assigned as well as the time of death as mentioned in the post mortem does not co-relate with the statements of the witnesses. 5. Per contra, Shri Upendra Pal Singh, learned AGA for the State submits that the dead body of deceased child was recovered on pointing out of the applicant and co-accused, trial is proceeding and according to the status report, statement of five important material witnesses is still to be examined. 6. I have considered the above submissions and taking note that there is no eye witness account in the present case that the last seen witnesses was one Sanjay Agarwal, however, he is not proposed as a prosecution witness in the list submitted along with the chargesheet as well as that the trial is proceeded and the statement of the complainant has already been recorded and, therefore, the applicant who is in Jail since 07.04.2022, i.e., about 2 years and 11 months, could be considered prolonged detention period, therefore, the Court is of the view that the applicant has make out the case for bail. 7. 7. Let the applicant- Vipin released on bail in Case Crime No. 175 of 2022 under Sections 120-B, 364, 302, 201 IPC, Police Station- Gajraula, District- Amroha on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. (v) Applicant has to appear on each and every date before learned trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned trial Court immediately. 8. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 9. The bail application is allowed. 10. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. Order Date :- 17.3.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad