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Neutral Citation No. - 2025:AHC:13798 Court No. - 10 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23899 of 2024 Applicant :- Avinash @ Bholay Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1.This is the second bail application. First was rejected vide
order dated 14.3.2019.
2. Heard Sri Mahendra Singh, learned counsel for the applicant, Sri B.P.Singh, learned A.G.A. and perused the record.
3. The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.250 of 2016, under Sections 147, 149, 302, 452, 504 and 34 I.P.C., Police Station-Ganjdundwara, District-Kasganj.
4. Applicant before this Court is facing trial for an offence under above referred sections and is languishing in jail since 20.4.2017 i.e. more than seven and a half years.
5. In pursuance of an order passed by this Court, learned Trial Court has submitted a report that all the nine prosecution witnesses were examined and trial is at the stage of recording the statement of accused.
6. It is further informed that prosecution has filed an application under Section 311 Cr.P.C. which was allowed and the Doctor is now being recalled, but his further statement is not being recorded till date.
7. In the aforesaid circumstances since the trial is at the fag end, therefore, this second bail application is rejected. However, in case the trial has not concluded within a period of three months from today, applicant will be at liberty to approach this Court again. 8 Registrar (Compliance) to take steps.
Order Date :- 27.1.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad