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Neutral Citation No. - 2025:AHC:133452 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23301 of 2025 Applicant :- Satyam Seth Urf Doctor Opposite Party :- State of U.P. Counsel for Applicant :- Indu Tewari,Ravi Kant Shukla,Vikrant Neeraj Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Shri Vikrant Neeraj, learned counsel for the applicant and Shri B.P. Singh, learned A.G.A.. 2. This is the third bail application on behalf of the applicant, who is facing trial for an offence under Section 394, 302, 34, 411, 114 IPC and he is in jail, since, 28.12.2019 i.e. about five years. 3. I have perused the status report of trial court dated 18.07.2025 that out of the 17 proposed witnesses, till date testimony of PW-1 is still not concluded. 4. Learned counsel for the applicant submits that the coordinate Bench has granted bail to two co-accused on the ground of prolonged detention period. The co-accused Sandeep Seth was granted bail by an order dated 14.11.2024 as well as co-accused Abhishek Jaiswal alias Ganesh was granted bail by an order dated
12.12.2024. 5. Shri B.P. Singh, learned A.G.A. appearing for the State- respondent has opposed the bail and submits that the prosecution witness no. 1 was subjected to a very detail cross-examination. However, he is not able to dispute the fact about granting bail to two co-accused. 6. I have considered the above submissions and at this stage taking note of the period of detention, which is more than five year and six months as well as the similarly situated two co-accused have already been granted bail, therefore, a case for bail is made out. 7. Let the applicant- Satyam Seth Urf Doctor be released on bail in Case Crime No. 1612/2019 under Sections 394, 302, 34, 411, 114 IPC, Police Station- Cantt, District- Varanasi 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. 11. Trial Court will take all endeavour to expedite the trial. Order Date :- 6.8.2025 A. V. Singh Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad