Neutral Citation No. - 2025:AHC:129620 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1859 of 2025 Applicant :- Munsad @ Pahalwan @ Aashu Opposite Party :- State of U.P. Counsel for Applicant :- Kailash Nath,Ravindra Kumar Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. This is the second bail application. The first bail application of the applicant was dismissed for want of prosecution vide order dated 02.07.2024 passed in Criminal Misc. Bail Application No.l 1294 of 2023. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. Learned counsel for the applicant submits that incident is of the year 2014, the applicant is in jail since 30.05.2015, charge has been framed on 31.05.2022 and till date prosecution witness have not been examined at the trial, thus, there is no likelihood of early conclusion of trial. It is submitted by learned counsel for the applicant that trial is progressing at a slow pace and has relied upon the judgment rendered by Hon'ble the Supreme Court in the case of Indrani Pratim Mukerjea Vs. Central Bureau of Investigation and another passed in Special Leave to Appeal (Crl.) No. 1627 of 2022 to submit that prolonged incarceration of a person as an under trial is against his fundamental rights under Article 21 of the Constitution of India. It is contended that there is no occasion now for the applicant to tamper with any witness or to flee from judicial process. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. There is a criminal history of six cases, out of which in five cases trial is going on and in one case the applicant is on bail. The applicant is languishing in jail since 30.05.2015, having no criminal history. 4. Learned A.G.A. for the State could not satisfactorily dispute the aforesaid submissions made by the learned counsel for the applicant. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. The bail application is allowed. 6. Let the applicant-Munsad @ Pahalwan @ Aashu, involved in Case Crime No. 295 of 2014, under Section 386, 395 I.P.C., Police Station Kotwali Shamli, District Shamli, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 31.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad