Neutral Citation No. - 2025:AHC:138397 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2494 of 2025 Applicant :- Ramesh Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Km. Khushi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Sunil Kumar, Advocate holding brief of Ms. Khushi, learned counsel for applicant and learned AGA for State. 2. This is third bail application. The applicant is in jail since 04.08.2022 i.e. 3 years. The first and second bail applications were rejected vide orders dated 11.04.2023 and 22.05.2024. 3. Learned counsel for applicant submits that during trial, material witnesses have not supported case of prosecution and have been declared hostile. Eight prosecution witnesses have already been examined, therefore, trial is at fag end. 4. Learned AGA has not disputed nature of evidence as referred above. 5. Considering aforesaid submissions, taking note of status of trial which is at fag end, nature of evidence as referred above as well as period of incarceration, this Court finds it a fit case to enlarge applicant on bail. 6. Let the applicant- Ramesh Mishra be released on bail in Case Crime No. 2/2022 under Sections 302, 201, 120- B, 193, 34 IPC, Police Station- Bariyarpur, District- Deoria 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. (v) Applicant has to appear on each and every date before learned trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned trial Court immediately. 7. 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. 8. The bail application is allowed. 9. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. 10. Trial Court will take all endeavour to expedite the trial. Order Date :- 13.8.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad