Neutral Citation No. - 2025:AHC:25259 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30459 of 2024 Applicant :- Golu Alias Gulveer Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhishek Kumar,Gyanendra Pratap Sharma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Manav Chaurasiya, learned AGA for the State apprised the Court that notice has been served upon the informant on 13.08.2024. Despite service of notice, none present on behalf of the informant. 2. Heard Sri Abhishek Kumar, learned counsel for the applicant and Sri Manav Chaurasiya, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.73 of 2021, under Sections 363, 366, 376, 120-B IPC & section 3/4 POCSO Act, Police Station- Malpura, District- Agra, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits, however this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this court vide order dated 7.7.2023 but he is pressing the instant second bail application on the ground that in the present matter applicant is in jail since 06.03.2021 i.e. for last almost four years and till date trial of the case could not be concluded. 5. He further submits, after considering long detention of the applicant a report was called from the court concerned about the current status of the trial which is on record and from its perusal it reflects in spite of the repeated summons victim is not appearing before the court concerned. 6. He next submits, even from the report it reflects after the statement of P.W.1 the statement of P.W.2 was recorded after nine months and therefore it reflects trial of the case is moving with languid pace and there is no hope of its early disposal. 7. He next submits that applicant is not having any criminal history and therefore, considering the totality of the facts and circumstances of the case, applicant should be released on bail. 8. Per contra, learned AGA opposed the prayer for bail and submits, this is the second bail application filed on behalf of the applicant but could not dispute the other arguments 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. However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed by this court after considering the fact that victim at the time of incident was hardly 15 years old but it reflects in the present matter applicant is in jail since 06.03.2021 i.e. for last almost four years and till date trial of the case could not be concluded. 11. Considering the long incarceration of the applicant a report was called from the court concerned about the current status of the trial and from the report of the court concerned which has been flagged as "A" it reflects there are as many as 10 witnesses and till date only two witnesses could be examined and till date even victim could not be examined in spite of the repeated summons issued to her. 12. Further, from the report it also reflects that statement of the informant was recorded on 02.04.2024 and thereafter statement of P.W.2 was recorded on 15.01.2025 i.e. after nine month and therefore, it appears trial of the case is moving with languid pace and considering the speed of the trial, there is no hope of its early disposal. Further from the report of the court concerned it could not be reflected applicant caused any delay in trial. 13. Further, law is settled, right of speedy trial is the fundamental right of an accused and on its violation he can be released on bail even in serious cases and considering the fact that applicant is in jail for last almost four years it cannot be said that fundamental right of speedy trial of the applicant has not been violated. 14. Further, applicant is not having any previous 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- Golu Alias Gulveer 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 :- 20.2.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad