Neutral Citation No. - 2025:AHC:134165 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23822 of 2025 Applicant :- Manoj Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Tripathi,Nidhi Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Shri Ashok Kumar Tripathi, learned counsel for the applicant and Shri B.P. Singh, learned A.G.A.. 2. This is a second bail application on behalf of the application. The first bail application was rejected by the following order dated 03.04.2023 as under: "1. Heard Sri Upendra Upadhyay, learned counsel for applicant and Sri Sunil Srivastava, learned AGA for State. 2. Applicant-Manoj Kumar Singh has approached this Court by way of filing present bail application seeking enlargement on bail in Case Crime No. 251 of 2016 (Session Trial No. 301 of 2016), under Sections 302/34 IPC, Police Station Cantt., District Varanasi, after rejection of his bail application vide order dated 25.05.2022 passed by Additional Sessions Judge/Special Judge, Court No. 3 (Prevention of Corruption Act), Varanasi. 3. In the present case applicant is facing trial alongwith two co-accused for offence under Sections 302/34 IPC. 4. Learned counsel for applicant submits that applicant is in jail since 20.04.2016 and due to poor condition as well as there was no one in the family of applicant to pursue his case, his bail was filed before Trial Court belatedly. He refers to statement of alleged eye witness that it appears to be an afterthought statement. 5. Learned AGA appearing for State submits that there is eye witness account who has raised specific allegation against applicant and that there is a criminal history of 13 cases against applicant. 6. Report dated 01.04.2023 has been placed on record by Trial Court that till date evidence of five prosecution witnesses are over and since all accused persons are confined in different jails and cross-examination is lengthy, therefore, they may be some delay in disposal of trial. However, it is reported that trial may be concluded within six months if Advocates for parties will cooperate. 7. Considering above submissions and taking note of status report submitted by Trial Court as well as seriousness of allegations, prayer for bail is rejected at this stage. However, the application is disposed of with direction to Trial Court to conclude trial preferably within six months, if there is no other legal impediment. Thereafter applicant will be at liberty to renew his bail application." 3. I have perused the status report dated 28.07.2025 which is placed on record that now out of the proposed 15 witnesses, 11 has been examined and the statement of 12th witnesses is underway. As such, trial has much proceeded within a period of two years. The Court takes note of the submission of Shri Ashok Kumar Tripathi, learned counsel for the applicant that he is in jail since 26.07.2016 i.e. nine years, which can be considered as a prolonged incarceration period. 4. However, the Court cannot ignore the seriousness of the allegation and that the applicant has a criminal antecedents of 13 cases. Therefore, there is still likelihood that the applicant if released on bail, will try to influence remaining witnesses and he will also be at flight risk. Therefore, no case for bail is made out. 5. Accordingly, the bail application is rejected. 6. This Court also take note that the co-accused are confined in different jail at different districts, therefore, there is delay in the trial. Therefore, it is directed to the Police Authorities that they will ensure that all three accused shall remain present on each date of the trial as well as remaining prosecution witnesses shall also remain present as and when summons are issued. 7. The trial court will not grant any exemption for appearance or adjournment to the advocates and try to conclude the evidence and thereafter trial. In case, trial is not concluded within six months from today, the applicant will have liberty to approach this Court along with the status report. Order Date :- 7.8.2025 A. V. Singh Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad