Allahabad High Court
Naresh vs State Of U.P. on 21 October, 2021
Bench: Attau Rahman Masoodi, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 10
Case :- CRIMINAL APPEAL No. - 509 of 2014
Appellant :- Naresh
Respondent :- State of U.P.
Counsel for Appellant :- Nirmal Singh Yadav,Karuna Kant Gupta,Karuna Shanker Rastogi
Counsel for Respondent :- Govt. Advocate
Hon'ble Attau Rahman Masoodi,J.
Hon'ble Manish Kumar,J.
Order on C.M.Application No. 123662 of 2021
This criminal appeal instituted under section 374(2) Cr.P.C. was admitted on 23-04-2014 and the order passed reads as under :-
"Heard.
Admit.
Summon the lower court record.
Learned AGA may file objection to the bail application.
List after six weeks."
The first bail application after hearing learned counsel for the parties was rejected on 23-11-2017 by recording detailed reasons which we have gone through carefully. In the last paragraph of the order passed on 23-11-2017, this court while rejecting the bail application had directed for preparation of the paper book at the earliest. The appellant is serving the sentence since the year 2009. The delay in the proceedings of this appeal has given rise to the Second Bail Application.
The record also reveals that the paper book of the case has not been prepared till date and copies thereof have also not been furnished to the learned counsel for the parties. The delay in conclusion of the proceedings is thus, urged as a leading ground for grant of bail.
We are conscious of the fact that the grounds available to a convict at the time of rejection of first bail application are no more available to him, when the Second Bail Application is considered by the court. In the present case, however, we gather that the first bail application was rejected primarily on the ground that the appellant was assumed to be the main accused to whom the role of the firearm was attributed.
On a careful perusal of the record, we do not gather a definite and conclusive finding on the basis of which, such an inference could be drawn at the time of rejection of the first bail application.
It is gathered on a plain reading of the Judgment that the role of the firearm except for the fact of recovery, prima-facie, remains unclear.
It is equally true that the paper book has not been prepared for the last more than four years and there is a delay in the conclusion of proceedings, therefore, the personal liberty of a person, who has been in custody for the last about 12 years, remains in dark. The co-accused in Criminal Appeal No. 567 of 2014 has already been released on bail by this court vide order dated 08-02-2017. Learned counsel for the appellant has also taken us through the order passed in Criminal Appeal No. 1233 of 2014(Sarvesh Versus State of U.P.), which succinctly brings out the relevant criteria in the light of apex court judgments that must weigh for grant of bail.
Learned A.G.A. on a pointed query being asked as to whether there is any past criminal history of the appellant or not, has replied that the past criminal history of the present appellant is none. There is equally no material to show that the present appellant while being released on bail during course of the trial has misused the liberty granted to him.
In the circumstances of the case and having regard to the material available on record, we are of the considered view that a case for grant of bail is made out.The second bail application for what has been recorded above is allowed.
Let the appellant, Naresh, be released on bail in Sessions Trial No. 1116 of 2009 arising out of Case Crime No. 582 of 2009, under sections 394,302,307,411 I.P.C. and Sessions Trial No. 1117 of 2009 in Case Crime No. 583 of 2009, under section 3/25 of the Arms Act, Police Station-Maingalganj, District-Lakhimpur Kheri, during the pendency of appeal on his furnishing a personal bond and heavy surety to the satisfaction of the court concerned.
It is made clear that in case the applicant indulges in committing any other offence, the prosecution will be at liberty to seek cancellation of bail granted by virtue of this court's order.
Order Date :- 21.10.2021
AKS
