ORDER

1. Exemption Application is allowed.

2. A very shocking matter with a very disappointing impugned order has come up before us early in the morning today.

3. The petitioner has been denied regular bail by the High Court of Judicature at Allahabad in connection with Case Crime No.116 of 2017 registered with Police Station Cantt., District Gorakhpur, State of Uttar Pradent for the offence punishable under Sections 147, 148, 149, 120-B, and 302 of the Indian Penal Code, 1860 (for short “IPC”) respectively.

4. Upon completion of the investigation, charge sheet came to be filed.

5. With the committal of the case to the Court of Sessions, the same culminated in Sessions Case No.331 of 2017 pending as on date in the Court of Special Judge, E.C. Act.

6. We take notice of the fact that the petitioner was arrested in connection with the alleged crime on 7th March, 2017.

7. It's been almost nine years that the petitioner is in judicial custody as an under-trial prisoner.

8. What is most disappointing is what has been observed by the High Court in Para 8.

9. Para 8 reads thus:

“The Supreme Court in case of X vs. State of Rajasthan & Anr., 2024 INSC 909 has held that once the trial has commenced, i