Akash Rajpoot v. Party

2. Heard Sri Najam Uz Zaman Khan learned counsel for the applicant, Sri Kamlesh Singh, learned counsel for the informant and Sri Kunwar Tejandra Bahadur learned AGA for the State-respondent.

3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 447 of 2023, under Sections 377, 506 IPC & 5/6 POCSO Act, Police Station- Delhi Gate, District- Aligarh, during pendency of the trial in the court below.

4. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application has beeen dismissed on merit by this Court vide order dated 26.04.2024 but he is pressing the instant second bail application on the ground that in the present matter, applicant is in jail since 07.11.2023 i.e. for last more than one and half years and till date, trial of the case could not be concluded and till date, out of ten witnesses of the charge sheet, only two witnesses could be examined. He next submits, trial of the case is moving with languid pace and there is no hope of its early disposal. He further submitted that there is no evidence on record, which can suggest that applicant is causing delay in trial.

5. He further submitted that victim and informant of the case have already been examined, therefore, if applicant is released on bail then also there is no chance of tampering with the prosecution evidence. 2 BAIL No. 6323 of 2025

6. He further submitted that however apart from the present case applicant is having criminal history of two cases but both the cases relate to minor offences and his criminal history has been explained in the instant bail application. He further submits, co-accused Sachin Rajpoot has been released on bail by this Court vide order dated 05.08.2025 passed in Criminal Misc. Bail Application No. 28116 of 2024 and on facts case of applicant is at par with him.

7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court but could not dispute the fact that applicant is in jail in the present matter for last more than one and half years and till date, trial of the case, could not be concluded.

8. They further could not dispute the fact that in the charge sheet, there are as many as 10 witnesses and till date only two witnesses could be examined. They further could not dispute the fact that victim and informant of the case have already been examined. They also could not dispute the fact that applicant is not having any criminal history.

9. I have heard learned counsel for the parties and perused the record of the case.

10. However, this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court but it reflects, applicant is in jail in the present matter for last more than one and half years and till date, trial of the case could not be concluded.

11. Record further suggests that in the charge sheet there are as many as 10 witnesses and till date only two could be examined, therefore, there is no hope of early disposal of trial. Further, there is no material available on record, which can suggest that applicant is responsible for delay in trial.

12. Further, as victim and informant of the case have already been examined, therefore, argument advanced by learned counsel for the applicant that if applicant is released on bail then also there is no chance of tampering with the prosecution evidence, cannot be ruled out.

13. Further, however, apart from the present case applicant is having criminal history of two other cases but both the cases relate to minor 3 BAIL No. 6323 of 2025 offences and his criminal history has been explained in the instant bail application.

14. Further, co-accused Sachin Rajpoot has been released on bail by this Court vide order dated 05.08.2025 passed in Criminal Misc. Bail Application No. 28116 of 2024 and on facts case of applicant is at par with him.

15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

17. Let the applicant- Akash Rajpoot 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.

18. 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.

19. 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 9, 2025 AK Pandey (Sameer Jain,J.) ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

2. Heard Sri Najam Uz Zaman Khan learned counsel for the applicant, Sri Kamlesh Singh, learned counsel for the informant and Sri Kunwar Tejandra Bahadur learned AGA for the State-respondent.

3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 447 of 2023, under Sections 377, 506 IPC & 5/6 POCSO Act, Police Station- Delhi Gate, District- Aligarh, during pendency of the trial in the court below.

4. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application has beeen dismissed on merit by this Court vide order dated 26.04.2024 but he is pressing the instant second bail application on the ground that in the present matter, applicant is in jail since 07.11.2023 i.e. for last more than one and half years and till date, trial of the case could not be concluded and till date, out of ten witnesses of the charge sheet, only two witnesses could be examined. He next submits, trial of the case is moving with languid pace and there is no hope of its early disposal. He further submitted that there is no evidence on record, which can suggest that applicant is causing delay in trial.

5. He further submitted that victim and informant of the case have already been examined, therefore, if applicant is released on bail then also there is no chance of tampering with the prosecution evidence. 2 BAIL No. 6323 of 2025

6. He further submitted that however apart from the present case applicant is having criminal history of two cases but both the cases relate to minor offences and his criminal history has been explained in the instant bail application. He further submits, co-accused Sachin Rajpoot has been released on bail by this Court vide order dated 05.08.2025 passed in Criminal Misc. Bail Application No. 28116 of 2024 and on facts case of applicant is at par with him.

7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court but could not dispute the fact that applicant is in jail in the present matter for last more than one and half years and till date, trial of the case, could not be concluded.

8. They further could not dispute the fact that in the charge sheet, there are as many as 10 witnesses and till date only two witnesses could be examined. They further could not dispute the fact that victim and informant of the case have already been examined. They also could not dispute the fact that applicant is not having any criminal history.

9. I have heard learned counsel for the parties and perused the record of the case.

10. However, this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court but it reflects, applicant is in jail in the present matter for last more than one and half years and till date, trial of the case could not be concluded.

11. Record further suggests that in the charge sheet there are as many as 10 witnesses and till date only two could be examined, therefore, there is no hope of early disposal of trial. Further, there is no material available on record, which can suggest that applicant is responsible for delay in trial.

12. Further, as victim and informant of the case have already been examined, therefore, argument advanced by learned counsel for the applicant that if applicant is released on bail then also there is no chance of tampering with the prosecution evidence, cannot be ruled out.

13. Further, however, apart from the present case applicant is having criminal history of two other cases but both the cases relate to minor 3 BAIL No. 6323 of 2025 offences and his criminal history has been explained in the instant bail application.

14. Further, co-accused Sachin Rajpoot has been released on bail by this Court vide order dated 05.08.2025 passed in Criminal Misc. Bail Application No. 28116 of 2024 and on facts case of applicant is at par with him.

15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

17. Let the applicant- Akash Rajpoot 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.

18. 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.

19. 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 9, 2025 AK Pandey (Sameer Jain,J.) ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad