Neutral Citation No. - 2025:AHC:35828 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35060 of 2024 Applicant :- Puran @ Satku Opposite Party :- State of U.P. Counsel for Applicant :- G.A.,Sarvesh Kumar Dubey Hon'ble Sameer Jain,J. 1. Rejoinder affidavit filed on behalf of the applicant and compliance affidavit filed by the State-respondent are taken on record. 2. Heard Sri Sarvesh Kumar Dubey, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned A.G.A. for the State-respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.1288 of 2007, under Sections 302, 376 I.P.C., Police Station Kotwali, District Mainpuri, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that however present case is of the year 2007 and applicant was arrested in the present matter on 05.09.2023 and therefore, as per the prosecution, applicant absconded for more than 15 years but actually applicant could not appear before the court concerned under compelling circumstance and he is not an absconder. 5. He further submits that actually in the year 2006 daughter of the applicant was murdered and after that he started living in the state of Haryana but on the basis of false allegation alongwith co- accused Tejsingh and Harnam, he was made accused in the present matter in the year 2007 and only to save his life, he could not appear before the court concerned. 6. He further submits that in the case of murder of the daughter of the applicant, brother of the informant has already been convicted. 7. He further submits that even co-accused Tejsingh and Harnam have already been released on bail by this Court and their bail order has been annexed as Annexure No.7 to the instant bail application and on facts, case of applicant is at par with them. 8. He further submits that however, apart from the present case, applicant is having criminal history of two other cases but both the cases relate to minor offences. 9. He further submits that however, applicant is in jail in the present matter since 05.09.2023 i.e. for last more than one and half years but even till date, charges could not be framed against him, therefore, there is no hope of early disposal of the trial. 10. He further submits that applicant undertakes that if he will be released on bail then in future he will regularly attend the trial court on each and every date either in person or through his counsel and he will fully co-operate with the trial proceedings, therefore, considering the facts and circumstances of the case, applicant should be released on bail. 11. Per contra, learned A.G.A. opposed the prayer for grant of bail and submits that applicant remain absconded for more than 15 years, therefore, there is every possibility that if he will be released on bail then he will again abscond but could not dispute the fact that he is in jail in the present matter for last more than one and half years and till date not even charges could be framed. 12. He further could not dispute the fact that similarly placed co- accused Tejsingh and Harnam have already been released on bail by this Court. 13. I have heard learned counsel for both the parties and perused the record of the case. 14. However, it reflects, in the present matter applicant could only be arrested after more than fifteen years and prima-facie, he appears to be an absconder but record further suggests that in the present matter he is in jail since September, 2023 i.e. for last more than one and half years and as per the compliance affidavit filed by the State, till date not even charges could be framed. 15. Further, alongwith applicant co-accused Tejsingh and Harnam were also made accused in the present matter with similar allegations and both have already been released on bail by this Court. 16. Further, applicant has given an undertaking that if he will be released on bail then in future he will regularly attend the trial court on each and every date either in person or through his counsel and he will fully co-operate with the trial proceedings. 17. Further, however, apart from the present case, applicant is having criminal history of two other cases but it appears, both the cases relate to minor offences. 18. Therefore, considering the facts and circumstances of the case, discussed above, particularly the incarceration of the applicant of more than one and half years, in my view, applicant is entitled to be released on bail. 19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 20. Let the applicant- Puran @ Satku, 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. 21. 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. 22. 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 :- 11.3.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad