[Double Murder] SC grants bail to Accused after 8.5 years in Jail, Read Order

The Apex Court Bench of Hon’ble Justice BR Gavai and Hon’ble Justice Vikram Nath granted bail to an Accused who was charged with Sections 302, 354, 34 Indian Penal Code,1860,  taking into consideration the fact that the Petitioner has been incarcerated for about eight and half years and the trial was yet to conclude. 

Brief Facts:

The factual matrix of the case was that the present petition was filed under Article 136 of the Constitution of India against the impugned order dated 05.01.2018 passed by the Hon’ble High Court of Judicature at Allahabad. It was the second bail application filed before the Court of Allahabad which was not decided and the same has been pending disposal for the last 5 years despite the matter being listed before the Hon’ble Court 14 times. 

The Petitioner here was aggrieved by the long incarceration of more than 8 years without ever giving any remission of granting bail to the Petitioner herein during the pendency of his criminal trial which has been arising from the FIR of 2014 under Sections 302, 354, 34 Indian Penal Code,1860. 

The allegations were made out of the disclosure statement of the Petitioner’s aunt in the year 2014 against the Petitioner, his father, and his cousin's brother.

Observations of the Court:

The Supreme Court of India issued notice to the State on 21.11.2022. However, on 16.01.2023 the Bench of Hon’ble Justice BR Gavai and Hon’ble Justice Vikram Nath granted bail taking into consideration the fact that the Petitioner has been incarcerated for about eight and half years and the trial was yet to conclude. 

The decision of the Court: 

Accordingly, the Petitioner was released on bail in connection with case Crime no. 284 of 2014 to the satisfaction of the Trial Court. The special leave petition was, accordingly disposed of and pending applications if any disposed of.

Case Title: Neeraj V. State of Uttar Pradesh

Coram: Hon’ble Justice BR Gavai and Hon’ble Justice Vikram Nat

Case No: SLP (Crl). 11450/ 2022

Advocates for Complainant: Md. Rashid Saeed AOR, Mr. Priyam Kaushik, and Ms. Aashi Arora

Advocates for Respondents: Mr. Ardhendumauli Kumar Porasad, AAG, Mr, Sarvesh Singh Baghel, AOR 

Read Order @LatestLaws.com