HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26196 of 2025 Court No. - 46 HON'BLE RAJIV GUPTA, J. 1. Shri Sushil Kumar, Advocate has filed his memo of appearance on behalf of the applicant today in Court, which is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State, Shri Sandip Kumar Shukla, learned counsel for the first informant and perused the record. 3. This is second bail application. The first being Criminal Misc. Bail Application No. 44752 of 2023 was rejected by me on merits vide order dated 23.08.2024. 4. This bail application has been filed seeking prayer for bail on behalf of applicant- Gyani @ Gyan Prakash @ Gyan Singh, involved, in Case Crime No. 136 of 2014, under Sections 363, 366, 368, 506, 120B IPC and Section 4 of POCSO Act, P.S. Awagarh, District- Etah. 5. Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. He has further submitted that the appellant is in jail since 05.07.2023, however, the trial has not yet been concluded, as such, he be released on bail. 6. Per contra, learned AGA as well as learned counsel for the first informant have submitted that in the instant case, the applicant was granted bail on 01.05.2015, however, after being released on bail, he did not appear before the trial court and remained absconding for a period of more than eight years although repeated non-bailable warrants were issued against him and even proclamation under Section 82 Cr.P.C. was issued against him and subsequently, on 05.07.2023, the applicant appeared before the trial court. Versus Counsel for Applicant(s) : Jai Kishan, Vipin Kumar Counsel for Opposite Party(s) : Sandip Kumar Shukla, G.A. Gyani Alias Gyan Prakash Alias Gyan Singh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 7. Learned AGA has further submitted that on account of abscondence of the applicant for eight longs years, the trial in the instant case could not be concluded for which the applicant is to be blamed. 8. Learned AGA has further submitted that in the backdrop of the aforesaid circumstances and keeping in view the abscondence of the applicant for more than eight years, his chances of fleeing away from judicial process and tampering the witnesses can not be ruled out, as such, he is not entitled to be released on bail. 9. Having considered the rival submissions made by learned counsel for the parties and taking into consideration the fact that the applicant was released on bail vide order dated 01.05.2015, however, thereafter he remained absconding for eight long years and after issuance of repeated non-bailable warrants and issuance of proclamation under Section 82 Cr.P.C., the applicant ultimately surrendered on 05.07.2023. Moreover, on account of abscondence of the applicant, the trial could not proceed for eight long years for which the applicant is to be blamed. In the backdrop of the said circumstances that the applicant remained absconding for eight long years, the chances of him fleeing away from judicial process and tampering with the witnesses cannot be ruled out. Since the trial in the instant case is already in progress and witnesses are being examined, as such, I am of the opinion that there is no good ground to release the applicant on bail. 10. The present bail application is, accordingly, rejected. September 12, 2025 Subham BAIL No. 26196 of 2025 2 (Rajiv Gupta,J.) Digitally signed by :- SUBHAM KUSHWAHA High Court of Judicature at Allahabad