IN THE  SUPREME COURT OF INDIA                CRIMINAL  APPELLATE  JURISDICTION                                   CRIMINAL APPEAL NO. 973     OF 2009   

(Arising out of SLP(Crl.) No. 6806/2008)    

Shailendra Kumr Upadhyay ..   Appellant(s)                   

  Versus

State of U.P. ..   Respondent(s)                                                           O R D E R

 Leave granted.

This appeal is directed against order dated 30th October, 2007 passed by the  

High  Court  of  Judicature  at  Allahabad  in  Criminal  Miscellaneous  Second  Bail  

Application No. 20447 of 2007.  By the impugned order, second application filed by  

the appellant for grant of bail has been dismissed.

We have heard learned counsel for the parties.

The  appellant  is  facing  trial  for  offence  punishable  under  Sections  

420/419,467/408/218,409 I.P.C.  He was arrested on 4th May, 2006.  While rejecting  

the bail application, taking note of the fact that the appellant was in jail for the last  

one and half years, the High Court has directed the Trial Court to complete the trial  

within a period of three months.  As noted earlier, the said direction was issued  by  

the High Court as far back as on 30th October, 2007.  Admittedly, the trial has not  

yet been concluded.  In

: 2 :

fact on a pointed query by us, learned counsel for the State is not in a position to  

answer as to how many witnesses have already been examined and how many still  

remain to be examined.

Having regard to all these facts, we are of the opinion, that it is a fit case  

where the benefit of regular bail should be granted to the appellant till the completion  

of the trial.   Accordingly, the appeal is allowed; impugned order is set aside and it is  

directed that the appellant shall be admitted to bail on his furnishing personal bond  

in  the  sum of  Rs.  25,000/-  with  two  sound   sureties   in  the  like  amount  to  the  

satisfaction of the trial Court.

                                       ...................J.            [ D.K. JAIN ]  

                                       ...................J.                                     [ R.M. LODHA  ]                         

NEW DELHI, MAY 08, 2009.