Neutral Citation No. - 2025:AHC:142341 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24191 of 2025 Applicant :- Ashwani Alias Sannu Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Sushil Kumar Dubey, learned counsel for the applicant, Shri Purshottam Maurya, learned AGA for the State and perused the entire material available on record. This is the second bail application filed by the applicant. The first bail application filed by the present applicant has been rejected by the co-ordinate Bench of this Court by means of a detailed order dated 26.4.2023 passed in Criminal Misc. Bail Application No. 49434 of 2018 (Ashwani @ Sannu Vs. State of U.P.), a copy of which has been brought on record as Annexure-1 to the bail application. The applicant- Ashwani Alias Sannu, has filed this second bail application with a prayer to enlarge him on bail in Crime No. 365 of 2017, under Sections 302, 120-B IPC, Police Station Noida Sector-58, District Gautam Budh Nagar, during the pendency of the trial. In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court. Apart from the above, learned counsel for the applicant submits that in the earlier bail application, a direction was issued to the Trial Court to conclude the trial within one year, but till date, the case was not brought to its logical end by the Trial Court. In the charge-sheet, 21 witnesses have been cited as prosecution witnesses, but till date only 11 prosecution witnesses have been examined by the Trial Court. The case is proceedings at a snail pace. Learned counsel for the applicant submits that applicant is languishing in jail since 2.6.2017. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Ashwani Alias Sannu, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 20.8.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad