HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22889 of 2024 Court No. - 71 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and Shri Sanjay Tiwari, learned counsel for the first informant. By means of this second bail application, the applicant, who is involved in Case Crime No. 304 of 2021, under Sections 364A, 302, 201 and 34 IPC, police station Sarai Inayat, district Prayagraj, seeks enlargement on bail during the pendency of trial. The first bail application of the applicant was rejected by this Court vide order dated 08.05.2023 in Criminal Misc. Bail Application No. 46997 of 2022. Main substratum of argument of learned counsel for the applicant is that the applicant is languishing in jail since 30.08.2021, but till date statement of only one prosecution witness has been recorded and cross-examination of PW-2 is going on. Therefore, considering the detention period of the applicant, he may be enlarged on bail. On the other hand, learned Additional Government Advocate as well as learned counsel appearing on behalf of the first informant opposed the prayer for bail, but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. On 24.09.2025, after hearing the learned counsel for the parties, following order was passed: "This is the second bail application of the applicant. Versus Counsel for Applicant(s) : Pramod Kumar Srivastava, Sanjeev Kumar Singh Counsel for Opposite Party(s) : G.A., Sanjay Tiwari Arjun Kumar Kushwaha .....Applicant(s) State of U.P. .....Opposite Party(s) The submission of learned counsel for the applicant is that the applicant is languishing in jail since 30.08.2021, but till date his trial has not been concluded. Let a report be called for from the concerned presiding officer with regard to the present status of trial of the applicant by the next date. The report shall also indicate as to why the delay is being caused in concluding the trial of the applicant. Let this matter be listed on 09.10.2025." Pursuant to the aforesaid order of this Court dated 24.09.2025, the trial court has submitted its report dated 08.10.2025 indicating inter alia that on 29.09.2025 cross-examination of PW-2 was partly recorded and for further cross-examination 09.10.2025 is the date fixed. Status report of the trial of the applicant clearly indicates that the trial of the applicant is running at snail's pace on account of slackness on the part of the prosecution. Therefore, in the light of the judgement of Hon'ble Supreme Court in Union of India Vs. K.A. Najeeb, (2021)3 SCC 713, the applicant is entitled to be released on bail on the ground of delay in conclusion of trial as noted above. Hence, the bail application of the applicant is hereby allowed. Let the applicant-Arjun Kumar Kushwaha, be released on bail in the aforesaid case crime number 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) That the applicant shall cooperate with the expeditious disposal of trial and shall not seek any adjournment. (ii) That the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be BAIL No. 22889 of 2024 2 verified by court concerned before the release of the applicant on bail. In case of breach of any of the conditions mentioned above, the court concerned will be at liberty to cancel the bail of the applicant. The Commissioner of Police, Prayagraj shall ensure the production of all the prosecution witness on the date fixed before the trial court and on appearance of the prosecution witnesses, the trial court shall record their statements on the same day without granting any adjournment and opportunity of cross-examination to the prosecution witness shall be given in continuation of the examination-in-chief of the prosecution witnesses. The trial court is directed to make an endeavour to conclude the trial, expeditiously without granting any unnecessary adjournment to either of the parties. Office is directed to send a copy of this order to the Commissioner of Police, Prayagraj as well as concerned trial court for information and compliance. October 9, 2025 Ishrat BAIL No. 22889 of 2024 3 (Sanjay Kumar Singh,J.) Digitally signed by :- MOHAMMAD ISHRAT High Court of Judicature at Allahabad