1. Heard Sri Rajat Pratap Singh, learned counsel for the applicant, learned A.G.A. for the State and Sri Ashish Kumar Maurya, Advocate holding brief of Sri Vikas Vikram Singh, learned counsel for the complainant.
2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 10.1.2017 in Case Crime No.511 of 2016 u/s 147, 148, 149, 302/34, 419, 420, 120-B, 467, 468 and 471 IPC, P.S. Sursa, District Hardoi. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. This is second bail application. First bail application has been rejected by this Court vide order dated 8.1.2021.
3. Learned counsel for the applicant has submitted that when the first bail application of the applicant was rejected, no prosecution witness was examined but after the aforesaid order, only three witnesses have been examined out of total 43 witnesses, wherein the number of proposed witnesses are 24. He submitted that the trial court has not shown any indulgence to conclude the trial with expedition and the law is trite on the point that detenue is also having fundamental right under Article 21 of the Constitution of India of speedy trial and the Apex Court in catena of cases has held that if any detenue is in jail for considerably long period and there is no possibility of conclusion of trial in near future, he may be enlarged on bail. The total period of incarceration of the applicant is eight years and six months. Further attention has been drawn towards the bail order of the co-accused Rajendra Singh @ Raju bearing Bail Application No. 2500 of 2021 (Rajendra Singh @ Raju vs. State of U.P.), whereby this Court granted bail to the co-accused mainly on the ground that the pace of trial is very slow and there is no possibility of conclusion of trial in near future. In the aforesaid order granted to the co-accused the relevant judgments of the Apex Court have been quoted. The bail order of the co-accused dated 25.5.2022 reads as under :