Neutral Citation No. - 2025:AHC:56867 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26388 of 2024 Applicant :- Sonu Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Singh,Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. This is the second bail application. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 989 of 2023 at Police Station- Tajganj, District- Agra under Sections 147, 323, 506, 420, 406, 354B, 307, 342, 376D IPC and Sections 3,5,6,7 of Prevention of Immoral Traffic Act, 1956. The applicant is in jail since 07.03.2024. The first bail application of the applicant was rejected by this Court on 21.03.2024. The following arguments made by Sri Sharique Ahmad, learned amicus curiae on behalf of the applicant, which could not be satisfactorily refuted by Sri Suchit Tandon, learned AGA from the record, entitle the applicant for grant of bail: 1. The applicant is a law abiding citizen who cooperated in the investigation and has joined the trial proceedings. The applicant never tampered with the evidence nor influenced any witness. 2. The trial is moving at a snail's pace and and shows no sign of early conclusion. The applicant cannot be faulted for the delay in the trial. 3. Status report sent by the learned trial court records that the prosecution proposes to examine 21 witnesses. However, only 4 witnesses including material witnesses and the victim have been examined. There is no possibility of any witnesses being influenced by the applicant. 4. Prosecution witnesses are deliberately delaying the trial only to prolong the incarceration of the applicant. 5. Inordinate delay in concluding trial has lead to virtually an indefinite imprisonment of the applicant, without their being any credible evidence to implicate him in the offence. 6. The right of the applicant to speedy trial has been violated. 7. Learned counsel for the applicant claims congruency in role and seeks parity in relief granted to co-accused Riya, Ashok Kumar, Chota @ Dev Kishore, Ravi Rathaur who have been granted bail by this Court on 08.02.2024 in Criminal Misc. Bail Application No. 4588 of 2024, order dated 30.04.2024 in Criminal Misc. Bail Application No. 13534 of 2024, order dated 05.02.2024 in Criminal Misc. Bail Application No. 3613 of 2024 and order dated 06.02.2024 in Criminal Misc. Bail Application No. 1924 of 2024 respectively. 8. The applicant does not have any criminal history apart from the instant case. 9. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In wake of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant - Sonu Kumar be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. It is further directed that in case the applicant does not cooperate in the trial or adopt dilatory tactics, the learned trial court shall record a finding to this effect and cancel the bail without recourse to this Court. The District Legal Services Authority (DLSA), Agra shall ensure that appropriate legal aid is made available to the applicant for purposes of submitting sureties and completion of other formalities for being set forth at liberty. Registry is directed to send a copy of this order to the District Legal Services Authority (DLSA), Agra for onward communication to the applicant who is in jail, and for assisting the applicant in the manner stated above. A copy of this order translated in Hindi shall be provided to the accused through the District Legal Services Authority. This Court appreciates the assistance rendered by Sri Sharique Ahmad, amicus curiae. The High Court Legal Services Committee may kindly consider the payment of usual remuneration to Sri Sharique Ahmad (A/S 0880/2012) who represented the applicant as amicus curiae before this Court. Order Date :- 17.4.2025 Pravin Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad