HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31408 of 2026 Court No. - 82 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the accused-applicant, learned A.G.A. for the State and perused the material available on record. 2. This bail application has been moved on behalf of the accused- applicant/ Tufani Nishad @ Munees for grant of bail, in Case Crime No.129 of 2025, under Sections 140(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Police Station Mishrauliya, District Siddharth Nagar, during pendency of trial. 3. This is the second bail application filed by the applicant. The first bail application filed by the applicant was rejected by this Court vide order dated 26.03.2026 passed in Criminal Misc. Bail Application No. 44302 of 2025. The new ground urged by the applicant in the present application for seeking enlargement on bail is that, out of the eight prosecution witnesses, three witnesses have already been examined on 07.07.2026. Learned counsel further submitted, that the witnesses so far examined have given a mixed response to the prosecution case. Learned counsel for the applicant further submits that, the accused-applicant is languishing in jail in this matter, since 01.09.2025 and there is no likelihood that, the accused-applicant, after release on bail, may flee from the process of law or will misuse the liberty of bail. 5. Learned A.G.A. appearing for the State has opposed the prayer for bail of the applicant and submitted that the trial is likely to be concluded Versus Counsel for Applicant(s) : Akash Kumar Nishad, Ashutosh Kumar Shukla Counsel for Opposite Party(s) : G.A. Tufani Nishad @ Munees .....Applicant(s) State of U.P. .....Opposite Party(s) shortly. 6. Having considered the rival submissions of the parties and the fact that three out of eight prosecution witnesses have been examined during the pendency of the trial, by itself, cannot be treated as a sufficient change in circumstance and the trial is likely to be concluded shortly. The mere fact that the witnesses examined so far have given a mixed response to the prosecution case is not sufficient, at this stage, to record any finding in favour of the accused-applicant. Moreover, the corroboration by the witness is not of such nature, that the accused persons would be acquitted or likely to be acquitted in all probability. Considering the facts and circumstances of the case, the stage of the trial and the fact that the trial is likely to conclude shortly, this Court does not find any good ground to enlarge the accused-applicant on bail. Accordingly, the present second bail application is hereby rejected. September 9, 2026 Mini BAIL No. 31408 of 2026 2 (Harvir Singh,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad