Neutral Citation No. - 2025:AHC:19401 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29877 of 2024 Applicant :- Javed Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Dhuriya Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Ravi Prakash Mishra and Sri Manoj Kumar Dhuriya, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 02 of 2024, under Sections 5/25 Arms Act, Police Station Ramraj, District Muzaffar Nagar during pendency of the trial. 4. Learned counsel for the applicant submitted that this is second bail application filed on behalf of the applicant and first bail application of the applicant was dismissed by this Court on merit vide order dated 03.04.2024 after considering the fact that from the possession of applicant and co-accused number of half manufactured illegal weapons were recovered but he is pressing the instant second bail application on the ground that in the present matter applicant is in jail since 24.01.2024 i.e. for last more than a year and till date not even charges could be framed. 5. He further submits, from the order-sheet, which has been filed along with supplementary affidavit, it appears, since 10.04.2024 applicant could not be even produced before the trial court, therefore, without any fault of the applicant, trial of the case is being lingered on and there is no hope of its early disposal. 6. He further submits, however, apart from the present case applicant is having criminal history of three other cases including a case of theft but his entire criminal history has been explained in the instant bail application. 7. He further submits, therefore, considering the long incarceration of the applicant and slow speed of trial, applicant should be enlarged on bail. 8. Per contra, learned AGA opposed the prayer for bail and submits, this is second bail application filed on behalf of the applicant but could not dispute the 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. However, this is second bail application filed on behalf of the applicant and first bail application of the applicant has been dismissed by this Court after considering the fact that from the possession of applicant and co-accused huge quantity of half manufactured illegal weapon were recovered but it appears, in the present matter applicant is in jail since 24.01.2024 i.e. for last more than a year and till date not even charges could be framed and from the record it could not be reflected that due to the applicant trial is being lingered on. 11. Further, right of speedy trial is a fundamental right of an accused and on its violation even in serious cases an accused can be released on bail. 12. Further, however, apart from the present case applicant is having criminal history of three other cases but his entire criminal history has been explained in the instant bail application. 13. Therefore, considering the long incarceration of more than a year and slow speed of trial, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Javed 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. 16. 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. 17. 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 :- 10.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad