Neutral Citation No. - 2025:AHC:11218 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27429 of 2024 Applicant :- Madan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Pal Singh Chauhan Counsel for Opposite Party :- Avadh Pratap Singh Shishodia,G.A.,S.P.S. Chauhan Hon'ble Sameer Jain,J. 1. Heard Sri Manish Tiwary, learned Senior Advocate assisted by Sri J.P.S. Chauhan, learned counsel for the applicant, Sri S.P.S. Chauhan, learned counsel for the informant and Sri R.N. Srivastava, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 292 of 2023, under Sections 323, 504, 506, 307 IPC and Section 30 Arms Act, Police Station Binauli, District Baghpat during pendency of the trial. 3. Learned Senior Advocate appearing on behalf of the applicant submitted that this is second bail application filed on behalf of the applicant and first bail application of the applicant was dismissed by this Court on merit vide order dated 24.04.2024 but he is pressing the instant second bail application on the ground that in the present matter applicant is in jail since 30.11.2023 i.e. for last more than a year and till date even the case could not be committed to the court of Sessions, therefore, there is no hope of early disposal of the trial. 4. He further submits, along with the applicant his wife was also made accused but after investigation charge-sheet was filed against her only under Section 323, 504, 506 IPC and when she was summoned then summoning order was challenged by the informant in Criminal Revision No. 60 of 2024 and on 04.04.2024, the revision filed by the informant has been admitted and notices were issued and thereafter on 22.07.2024 the record of the court concerned has been summoned by the revisional court. 5. He further submits, as record of the case has been summoned by the revisional court on the revision filed by the informant, therefore, in fact, proceedings of the case has automatically been withheld and there is no chance of even committal of the case in near future and without any fault of the applicant, who is detained in jail for last one year, proceeding of the case is being lingered on. 6. He further submits, right of speedy trial is a fundamental right of an accused and on its violation an accused even in serious offences can be released on bail. 7. He placed reliance on the judgments of the Apex Court in the cases of Union of India Vs. K.A. Najeeb (2021) 3 SCC 713 and Javed Gulam Nabi Shaikh Vs. State of Maharashtra and another (2024) 9 SCC 813. 8. He further submits, applicant is not having any criminal history. 9. Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for bail and submitted, from the order-sheet of the case, which has been annexed along with counter affidavit filed by the informant, it reflects that due to the non presence of the wife of the applicant i.e. co-accused, the case could not be committed till date, however, both the counsels could not dispute the fact applicant is facing trial under Section 307 IPC and he is in jail for more than a year and from the record it reflects that against the summoning order passed in case of co- accused i.e. wife of the applicant informant filed a criminal revision, which is pending before the Sessions Court and record of the court concerned has been summoned by the revisional court. 10. They further could not dispute the fact that till date the case could not be even committed to the court of Sessions, however, learned counsel appearing on behalf the informant further pointed out that the brother of applicant namely Pramod Kumar threatened the informant and in this regard an FIR was lodged and after investigation charge-sheet has been filed against him under Section 323, 504, 506 IPC, therefore, if applicant will be released on bail then it would be difficult for informant to depose in the present matter, therefore, he should not be released on bail. 11. I have heard learned counsel for the parties and perused the record of the case. 12. This is second bail application filed on behalf of the applicant and first bail application of the applicant has been dismissed by this Court on merit but record suggests that applicant is facing trial for offence under Section 307 IPC and in the present matter applicant is in jail since 30.11.2023 i.e. for last more than a year and till date trial of the case could not be commenced as even till date, it appears, case could not be committed to the court of sessions. 13. Record further suggests that along with applicant his wife has also been made accused in the present matter and against her charge-sheet was filed only under Section 323, 504, 506 IPC and against her summoning order informant filed criminal revision before the sessions court and his revision has been admitted and record of the court concerned has been summoned, therefore, considering this fact, the argument advanced by learned counsel for the applicant that as revision filed by the informant is pending before the court of Sessions and record of the case has already been summoned, therefore, there is no hope that in early future the case would be committed to the court of sessions, therefore, right of speedy trial of the applicant is being infringed, cannot be ruled out at this stage. 14. Further, from the record it reflects, brother of the informant lodged FIR against the brother of the applicant with regard to threatening under Section 506 IPC and in that case after investigation charge-sheet has been filed but in view of this Court merely on this basis, the bail application of the applicant cannot be withheld. 15. Further, applicant is not having any criminal history. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant second bail application is allowed. 18. Let the applicant - Madan Singh be released on bail in the aforesaid case 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) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 19. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 20. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 22.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad