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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 4947 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J.
1. Heard Sri Vipin Kumar Advocate holding brief of Sri Pavanesh Kumar Yadav, learned counsel for the applicant and Sri Ajay Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 100 of 1992, under Sections 147, 148, 149 and 302 IPC, Police Station Salempur, District Bulandshahr, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that in the instant matter applicant was initially enlarged on bail in the year 1994 but thereafter he allegedly absconded. 4. He further submitted that applicant was not the absconder and due to his livelihood he had to go some other place and when after thirty years he returned then he was arrested in another case and thereafter on 30.3.2024 he has been sent to jail in the instant matter and since then he is in jail. 5. He further submitted that however applicant remained absent for almost three decades but in the present mater he is in jail for last more than two years. 6. He further submitted that however apart from the present case applicant is having criminal history of three other cases but one case is of the provisions of U.P. Gangsters Act and however other two cases were of sections 302 and 307 IPC but in both the cases, applicant has falsely been made accused. Versus Counsel for Applicant(s) : Pavanesh Kumar Yadav, Sonu Yadav Counsel for Opposite Party(s) : G.A. Mukesh .....Applicant(s) State of U.P. .....Opposite Party(s)
7. He further submitted that therefore, considering the facts of the case, applicant may be enlarged on bail. 8. Per contra, learned AGA opposed the prayer for bail and submitted that applicant misused the liberty of bail granted to him and he absconded for three decades and during his abscondance in the year 2023 and 2024 he again committed heinous crimes like murder and attempt to murder and in one case, he was arrested then thereafter he was sent to jail in the present matter. 9.
He further submitted that considering the conduct and criminal antecedents of the applicant, there is every possibility that after release on bail he will again abscond and he will again indulge in criminal activities. 10. He further submitted that therefore, considering the facts of the case instant bail application may be dismissed. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However in the present matter applicant is in jail since 30.3.2024 i.e. for last more than two years but it reflects, after released on bail he absconded for three decades. 13. Record further suggests that after 30 years applicant was arrested in another case and thereafter he was sent to jail in the present matter. 14. The ground taken by the applicant that due to his livelihood he could not attend the court concerned as he went outside the city, prima facie, appears to be false and vague. 15. Further, even it reflects, during his abscondance, applicant committed heinous offences like murder and attempt to murder. 16. Considering the conduct and criminal antecedents of the applicant, this Court finds merit in the argument advanced by learned AGA that if applicant is released on bail then there is every possibility that he will again abscond and he will again indulge in criminal activities. 17. Therefore, considering the facts and circumstances of the case discussed above, in view of this Court, applicant is not entitled to be released on bail. BAIL No. 4947 of 2026 2
18. Accordingly, the instant bail application stands rejected. 19. However, considering the fact that applicant is in jail for last more than two years, trial court is directed to conclude the trial of the case within one year from the date of production/knowledge of the order passed today, in accordance with law, if there is no legal impediment. 20.
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. 21. Registrar (Compliance) of this Court is directed to communicate this order to the concerned District Judge within 48 hours for necessary compliance. September 18, 2026 Ankita BAIL No. 4947 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad