Neutral Citation No. - 2025:AHC:31971 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29283 of 2024 Applicant :- Alauddin Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Kumar Singh,Dharmendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Counter affidavit filed by State is taken on record. 2. Heard Sri Ajeet Kumar Singh and Sri Dharmendra Kumar, learned counsels for the applicant and Sri Brijesh Pratap Singh, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 348 of 2014, under Section 302 IPC, Police Station- Phase-II, District- Gautam Buddha Nagar, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that this is the third bail application filed on behalf of the applicant and his earlier two bail applications have been dismissed by this Court but as both the Hon'ble Judges, who earlier rejected the bail applications of the applicant, have already demitted their office, therefore, the instant third bail application is listed before this Bench as this Bench is dealing with such matters. 5. He further submitted that in the present matter, applicant is in jail since 25.03.2015 i.e. for last almost a decade and till date, trial of the case could not be concluded and till date, out of 23 witnesses of the charge sheet, only 9 witnesses could be examined, therefore, trial of the case is moving with languid pace and there is no hope of its early disposal. 6. He further submitted that right of speedy trial is the fundamental right of an accused and on its violation, even in serious cases, he can be released on bail. He further submitted that considering the fact that applicant is in jail in the present matter for last almost a decade, it cannot be said that fundamental right of speedy trial of the applicant has not been infringed. 7. He further submitted that applicant is not having any criminal history. 8. Per contra, learned AGA opposed the prayer for bail and submitted that this is the third bail application filed on behalf of applicant but could not dispute other argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. This is the third bail application filed on behalf of the applicant and his earlier two bail applications have been dismissed after considering the fact that dead body of daughter of the informant was found in his room. It reflects, both the Hon'ble Judges, who rejected the bail applications of the applicant, have already demitted their office, therefore, the instant third bail application is listed before this Bench as this Bench is dealing with such matters. 11. The instant bail application is being pressed on the ground of long incarceration of the applicant. Record suggests that applicant is in jail in the present matter for last almost a decade and till date, trial of the case could not be concluded. From the report of the court concerned, it reflects that out of 23 witnesses of the charge sheet till date only 9 witnesses could be examined, therefore, it appears, trial of the case is moving with languid pace and there is no hope of its early disposal. 12. Further, from the report of the court concerned, it also reflects that witnesses are not appearing, therefore, it appears without any fault of the applicant, trial of the case is being lingered on. 13. Law is settled, right of speedy trial is the fundamental right of an accused and on its violation, even in serious cases, he can be released on bail and considering the report of the court concerned and the fact that applicant is in jail in the present matter for last almost a decade, it cannot be said that fundamental right of speedy trial of the applicant has not been violated. 14. Further, applicant is not having any criminal history. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant- Alauddin 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. 18. 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. 19. 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 :- 5.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad