Reserved Neutral Citation No. - 2025:AHC:40532 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1013 of 2025 Applicant :- Rakesh Alias Bunti Opposite Party :- State of U.P. Counsel for Applicant :- Prabhat Kumar Pandey Counsel for Opposite Party :- G.A.,Nirbhay Singh Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. None has appeared on behalf of the informant despite taking the case is in revised list. 2. The present third bail application has been filed by the applicant in Case Crime No. 0060 of 2021, under Sections - 302, 323 I.P.C., Police Station - Soron, District - Kasganj, with the prayer to enlarge the applicant on bail. 3. It has been submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. Applicant has no motive to indulge in the incident. As per prosecution version, co-accused Hemant was having illicit relations with wife of deceased, namely, Sangeeta and that applicant has been falsely implicated in this case merely because he is brother of co-accused Hemant. The prosecution case is based on alleged dying declaration of deceased recorded through a video but no valid certificate in terms of Section - 65-B Evidence Act has been obtained regarding admissibility of the said video in evidence. 4. It is further submitted that first and second bail application of applicant were rejected by this Court vide orders dated 08.09.2021 and 18.04.2024, respectively. While rejecting second bail application of the applicant, the Trial Court was directed to expedite the trial and to conclude the same preferably within a period of eight months. It was stated that since then a period of about eleven months has passed but trial has not been concluded. Only nine witnesses have been examined so far and the case is still at the stage of prosecution evidence. As all the material witnesses have been examined before the Trial Court thus, there is no possibility of tampering with evidence. Criminal history of two cases has been shown against applicant, which has duly been explained and in one of the case he has already been acquitted. In the charge-sheet 24 prosecution witnesses have been shown. As per first information report, the deceased was taken away by co-accused Hemant to the family members of wife of deceased. Lastly, it was stated that applicant is languishing in jail since 01.02.2021 and thus, he has already undergone the detention of more than four years. 5. Learned A.G.A. has opposed the prayer of bail and submitted that first and second bail applications of applicant have already been rejected. In postmortem report, cause of death of deceased has been shown 'Laryngeal Edema', as a result of ante-mortem burn injury. It was submitted that deceased was done to death and he was burnt by pouring petrol over his body. Before his death, deceased has made a dying-declaration, which was recorded in a video and in that dying-declaration he has stated that applicant and co-accused Hemant and Sangeeta have put him on fire by pouring petrol. 6. I have considered the rival submissions and perused the record. 7. As per prosecution version, deceased was taken away by co-accused Hemant to the family of in-laws of deceased and that Hemant was having illicit relations with the wife of deceased. There applicant and co-accused Hemant and Sangeeta have assaulted the deceased and burnt him by pouring petrol. It appears that case is mainly based on the dying-declaration of deceased. The applicant has already undergone the detention of more than four years. While rejecting second bail application of the applicant vide order dated 18.04.2024, the Trial Court was directed to expedite the proceedings and to decide the case as early as possible preferably within a period of eight months but trial is still stated at the stage of prosecution evidence and it appears that some prosecution witnesses are yet to be examined. 8. Considering all aforesaid facts, particularly the period of detention of applicant, without expressing any opinion on the merits, a case for bail is made out. Hence, the present third bail application is hereby allowed. 9. Let the applicant - Rakesh @ Bunti involved in the aforesaid crime be released on bail on furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: (i) The applicant will not tamper with the evidence during trial. (ii) The applicant will not pressurize/intimidate the prosecution witnesses. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case. 10. In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 20.3.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad