Ankur Jaiswal @ Atri vs State Of U.P.
2013 Latest Caselaw 3973 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?A.F.R. 
 
Court No. - 53
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25040 of 2012
 

 
Applicant :- Ankur Jaiswal @ Atri
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- I.M.Khan
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Kalimullah Khan,J.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

It is second bail application made on behalf of accused applicant, whose first bail application has been rejected on merit, vide order dated 31.5.2012.

This second bail application has been pressed on the ground of unnecessary delay in trial in a case triable by the court of Magistrate and no proceeding is going on except the production of the applicant from jail although he is languishing in jail since 27.12.2011.

Copy of the ordersheet maintained on the lower court record has been filed along with this bail application. Inviting the attention of the court towards it, learned counsel for the applicant has submitted that the case is being handled by the trial court in a very lethargic manner. It appears that the trial court does not pay any importance to the constitutional right of the speedy trial of accused applicant, who is in jail since 27.12.2011 and till date no charge has been framed against the accused applicant by the trial court. Life and liberty of the applicant is guaranteed by the Constitution of India and that cannot be curtailed without following the procedure established by law. Remanding the accused to custody for an indefinite period from time to time without any useful purpose does not tantamount to his detention according to law. The ordersheets maintained on the lower court record do not speak as to for what purpose the dates are being fixed and the accused is remanded to custody. Therefore, it is the gross violation of the Fundamental Rights of the accused applicant and it gives an impression that accused is being treated pre-trial convict.

Per contra, learned A.G.A. is not in a position to assist the court for want of instructions in spite of sufficient opportunity already given.

The main purpose for lodging the accused in jail is to facilitate the trial without any undue pressure inducement or threat to the prosecution witnesses, but it is not proper that accused is kept in jail and the prosecution witnesses be not examined for a considerable length of time to give an impression of pre-trial conviction.

The delayed trial and lethargic attitude adopted by the trial court entitles the applicant to bail.

Let, applicant Ankur Jaiswal @ Atri involved in case Crime No.284 of 2010, under sections 406, 420, 467, 468, 471, 170, 506, 120B I.P.C., police station Juhi, District Kanpur Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 10.7.2013

m.a.