called for by this Court from the concerned Presiding OfÏcer with regard to present status of trial of the applicant. Pursuant to said order, Additional District and Sessions Judge, Court No. 15, Meerut submitted its report dated 13.03.2023 which is on record wherein it is mentioned that as per charge-sheet submitted against the applicant, there are 16 prosecution witnesses and out of which, only 01 prosecution witness, namely Vijay Kumar Singh has been examined on 22.08.2022, 24.08.2022 and 06.09.2022. It is also mentioned that earlier for summoning the prosecution witness/PW-1 Vijay Kumar Singh, on 08.11.2021, summon was issued and thereafter bailable warrant was issued on 15.11.2021 and in addition, information on his mobile no. 8936912623 was also given but despite service of bailable warrant, he did not appear before the trial Court. Thereafter, non-bailable warrant had also been issued against him. It is further mentioned that at that stage, a request has been made by the informant through an application no. 28Kha seeking direction to summon three additional witnesses Sachin, Sudhir Kumar Singh and Sandeep, who are not named in the charge-sheet but they have also not been produced by the prosecution till date. Under the circumstance, the trial judge concluded that on account of slackness on the part of the informant, statements of the prosecution witnesses could not be recorded. Considering the report dated 13.03.2023, it appears that intention of the prosecution is only to delay the trial and no sincere effort has been made by the prosecution to prosecute the applicant, who is languishing in jail since 30.07.2020, therefore, he has made out a prima facie case for bail. Hence, the bail application is hereby allowed .
