HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25519 of 2025 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Supplementary affidavit filed by the applicant is taken on record. 2. Case called out in revised list. None is present on behalf of informant. 3. Heard Sri Ashutosh Kumar Gupta, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 4. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 385 of 2024, under Sections 302, 147, 506 IPC, Police Station Kasya, District Kushinagar during pendency of the trial. 5. Learned counsel for the applicant submits, this is second bail application filed on behalf of applicant and first bail application of the applicant has been dismissed by this Court on merit vide order dated 23.01.2025 but after rejection of first bail application of the applicant, applicant has been declared juvenile on 06.08.2026 by the Juvenile Justice Board, Kushinagar at Padrauna and order passed by the Board has been annexed at page-6 of the supplementary affidavit dated 24.08.2026. 6. He further submits, even in the present matter applicant is in jail since June, 2024 i.e. for last more than two years and till date out of 15 witnesses only 3 witnesses could be examined, therefore, there is no likelihood of early disposal of the trial and even there is no allegation that applicant is delaying the trial in any manner. He further submits, applicant is not having any criminal history. Versus Counsel for Applicant(s) : Ashutosh Kumar Gupta, Laxmi Shankar Yadav Counsel for Opposite Party(s) : Arvind Kumar Singh, Abhaya Raj Singh, G.A., Krishna Kumar Chaudhari Azad Khan .....Applicant(s) State of U.P. .....Opposite Party(s) 7. He further submits, therefore, considering the fact that applicant was juvenile and he is detained in jail for last more than two years, he may 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 applicant and first bail application of the applicant has been dismissed on merit after considering the fact that he appears to be prime accused, who by causing injuries committed the murder of the deceased but could not dispute the fact that subsequent to rejection of first bail application of the applicant he has been declared juvenile by Juvenile Justice Board. 9. Learned AGA also could not dispute the fact that in the present matter applicant is in jail since June, 2024 and till date out of 15 witnesses only 3 witnesses could be examined. Learned AGA also could not dispute the fact that applicant is not having any criminal history. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, this is second bail application filed on behalf of applicant and first bail application of the applicant has been dismissed on merit but it reflects, after rejection of first bail application he has been declared juvenile by Juvenile Justice Board and from the order passed by Juvenile Justice Board it reflects, on the date of incident applicant was about 16 years of age. 12. Further, even in the present matter applicant is in jail since June, 2024 i.e. for last more than two years and it reflects, till date out of 15 witnesses only 3 witnesses could be examined, therefore, it reflects, trial of the case is moving with languid pace and there is no likelihood of early disposal of the trial. 13. Further, there is no allegation that applicant is delaying the trial in any manner. Further, applicant is not having any criminal history. 14. Therefore, considering the facts and circumstances of the case discussed above, particularly the fact that applicant was juvenile and he is in jail for last more than two years and he is not having any criminal history, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, BAIL No. 25519 of 2025 2 the instant bail application is allowed. 16. Let the applicant - Azad Khan 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. 17. 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. 18. 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. September 18, 2026 AK Pandey BAIL No. 25519 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad