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2026 Supreme(Online)(All) 1395

HIGH COURT OF JUDICATURE AT ALLAHABAD


CRIMINAL MISC. BAIL APPLICATION No. - 1070 of 2026


Umashankar

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s)


Counsel for Applicant(s) : Brij Raj Singh, Raj Kumar Dubey

Counsel for Opposite Party(s) : G.A.


Court No. - 72


HON'BLE RAJIV LOCHAN SHUKLA, J.

1. The first bail application of the applicant was rejected by this Court vide order dated 11.8.2025 passed in Criminal Misc. Bail Application No.21467 of 2025 (Umashankar Vs. State of U.P.) leaving it open for the applicant to move the second bail application after recording the statements of the victim/abductee before the trial Court.

2. A supplementary affidavit has been filed in Court today, is taken on the record. The statement of the victim recorded as on 10.04.2026 has been filed which indicates that the cross examination of the witness is still continuing.

3. Today, when the case has been called on, the Learned A.G.A. prays that he may be granted a week's time to seek instructions in the matter whether the statement of the victim is complete.

4. This Court vide its order dated 10.03.2026 had observed as under:-

"1. Learned counsel for the applicant submits that as per the order of Hon'ble Court dated 11.08.2025 passed in Criminal Misc. Bail Application No.21467 of 2025, the applicant has moved the present second bail application as in the light of para 11 of the order dated 11.08.2025, new ground arises.

Para 11 of the order dated 11.08.2025 reads as under:

"(11) However, it is open for the applicant to move second bail application after recording the statement of the victim/abductee before the trial Court."

2. Learned counsel for the applicant further draws the attention of the court towards the status of trial that statement of the victim/abductee, Harish Katiyar has not yet been completed and the cross-examination is deferred whereas the examination-in-chief was recorded on 18.09.2025.

3. Considering all the facts and circumstances, the learned trial court is directed to conclude the examination of the witness Harish Katiyar (PW-1) with utmost priority, by way of adopting all means as per rules and procedures.

4. Furthermore, the learned trial court is also directed to submit the status or trial alongwith the statements of all the prosecution witnesses, who have already been examined before the court concerned till the next date fixed.

5. Put up as fresh after 1st week of April, 2026."

5. The report submitted by the Learned Additional Sessions Judge/Court No.9, Bareilly, indicates that the next date fixed for recording of statement of P.W.-1 Harish Katiyar, the alleged abductee, is 11.05.2026. Non-bailable warrants have also been issued against the witness.

6. In the interest of justice, this matter is adjourned.

7. Put up as fresh on 13.05.2026.

8. In the meantime, the instructions as mentioned above shall be obtained and any further cross examination of the witness Harish Katiyar shall be filed by means of a supplementary affidavit by the Learned counsel for the applicant.

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