High Court · 2025

trial court to conclude the trial expeditiously without giving any unnecessary adjournment to either of the parties. This Court, while rejecting the second Bail Application No. 10095 of 2023 vide order dated 09.01.2024, again directed the trial court to conclude the trial expeditiously preferably within one year. Vide said order, it was also opened to the applicant to file bail application, in case, the trial is not concluded. Learned counsel for the applicant submits that since the trial is not going on, the present third bail application has been filed. It is also submitted that till today, only six witnesses have been examined, out of 9 witnesses. It is vehemently submitted that since all the witnesses of fact including the injured witness have already been examined, there is no possibility of tampering of any evidence. It is lastly submitted that in near future, there is no possibility of conclusion of trial and the applicant, who has no criminal antecedent, is in jail since 22.06.2022. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the trial.

4. Learned A.G.A. opposes the prayer for grant of bail to the applicant and submits that in the deposition of witnesses, they categorically supported the prosecution version. He also submits that there is no contradiction in the deposition of the injured witness as well as the injury report. However, learned A.G.A. does not dispute the fact that at the time of rejecting the 1st bail application vide order dated 19.04.2023 that trial be concluded expeditiously without giving any unnecessary adjournment to either of the parties. Thereafter, while rejecting the 2nd bail application after about one year, i.e., vide order dated

09.01.2024, the trial court was again directed to conclude the trial expeditiously preferably within a period of one year, leaving it open to the applicant to file fresh bail application, in case, the trial is not concluded.

5. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R., deposition of the witnesses, orders rejecting the earlier bail application as well as other relevant documents, including the instructions of the trial court dated 02.04.2025, which is available on record, it is evident that at the time of rejecting the 1st bail application, the trial court was directed to conclude the trial expeditiously without giving any unnecessary adjournment to either of the parties. Thereafter, again while rejecting the 2nd bail application, the trial court was directed to conclude the trial expeditiously, preferably within one year, but till today, the trial has not been concluded. In such circumstances, I am of the view that the applicant is entitled to be released on bail.

6. Application stands allowed.

7. Let applicant -Ajay Yadav be released on bail in F.I.R. No. 99 of 2022, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any 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 to any police ofÏce or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229- A IPC. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC. (vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

8. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

9. however, the trial court is directed to conclude the trial expeditiously. Order Date :- 11.4.2025 VKS VIVEK KUMAR SRIVASTAVA VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

trial court to conclude the trial expeditiously without giving any unnecessary adjournment to either of the parties. This Court, while rejecting the second Bail Application No. 10095 of 2023 vide order dated 09.01.2024, again directed the trial court to conclude the trial expeditiously preferably within one year. Vide said order, it was also opened to the applicant to file bail application, in case, the trial is not concluded. Learned counsel for the applicant submits that since the trial is not going on, the present third bail application has been filed. It is also submitted that till today, only six witnesses have been examined, out of 9 witnesses. It is vehemently submitted that since all the witnesses of fact including the injured witness have already been examined, there is no possibility of tampering of any evidence. It is lastly submitted that in near future, there is no possibility of conclusion of trial and the applicant, who has no criminal antecedent, is in jail since 22.06.2022. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the trial.

4. Learned A.G.A. opposes the prayer for grant of bail to the applicant and submits that in the deposition of witnesses, they categorically supported the prosecution version. He also submits that there is no contradiction in the deposition of the injured witness as well as the injury report. However, learned A.G.A. does not dispute the fact that at the time of rejecting the 1st bail application vide order dated 19.04.2023 that trial be concluded expeditiously without giving any unnecessary adjournment to either of the parties. Thereafter, while rejecting the 2nd bail application after about one year, i.e., vide order dated

09.01.2024, the trial court was again directed to conclude the trial expeditiously preferably within a period of one year, leaving it open to the applicant to file fresh bail application, in case, the trial is not concluded.

5. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R., deposition of the witnesses, orders rejecting the earlier bail application as well as other relevant documents, including the instructions of the trial court dated 02.04.2025, which is available on record, it is evident that at the time of rejecting the 1st bail application, the trial court was directed to conclude the trial expeditiously without giving any unnecessary adjournment to either of the parties. Thereafter, again while rejecting the 2nd bail application, the trial court was directed to conclude the trial expeditiously, preferably within one year, but till today, the trial has not been concluded. In such circumstances, I am of the view that the applicant is entitled to be released on bail.

6. Application stands allowed.

7. Let applicant -Ajay Yadav be released on bail in F.I.R. No. 99 of 2022, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any 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 to any police ofÏce or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229- A IPC. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC. (vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

8. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

9. however, the trial court is directed to conclude the trial expeditiously. Order Date :- 11.4.2025 VKS VIVEK KUMAR SRIVASTAVA VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench