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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26299 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Satya Prakash Shukla, learned counsel for applicant and Sri B.P. Singh, learned A.G.A. for State. 2. This is third bail application. Second bail application was disposed of on
25.11.2024. Applicant- Prateek Singh has again approached this Court by way of filing present bail application in Case Crime No. 217 of 2022 (Session Trial No. 675 of 2022), under Sections 302, 323, 504 IPC, Police Station Kotwali Chunar, District Mirzapur. 3. Applicant is in jail since 09.08.2022 i.e. about 3 years. According to status report, all the material witnesses have been examined and it is verified by learned A.G.A. for the State that number of eye witnesses have not supported the case of prosecution and were declared hostile also. 4. Therefore, considering the nature of evidence before the learned Trial Court as well as the period of incarceration, the applicant has made out a case for bail. 5. However, it is directed that applicant will appear before the concerned police station on 15th and 30 of every month to mark his presence till the trial is concluded and in case of any default and on basis of its report, learned Trial Court shall pass an order of cancellation of bail of applicant. It would be the responsibility of applicant to place the report of his appearance before the concerned police station as well as before the Trial Court. 6. Accordingly, bail application is allowed. 7. Trial Court will take all endeavour to expedite the trial. Versus Counsel for Applicant(s) : Satya Prakash Shukla Counsel for Opposite Party(s) : G.A. Prateek Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
8. Let the applicant- Prateek Singh 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 concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial.
In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. 9. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 10. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. September 16, 2025 P. Pandey BAIL No. 26299 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad