Viresh @ O.P. And Another vs State Of U.P.
2022 Latest Caselaw 4915 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- CRIMINAL APPEAL No. - 4502 of 2012
 

 
Appellant :- Viresh @ O.P. And Another
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Apul Misra,Noor Mohammad,Rajesh Pathik
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Chandra Kumar Rai,J.

Ref: Criminal Misc. 2nd Bail Application No. 22 of 2022.

Heard Sri Noor Mohammad, learned counsel for the applicant and learned A.G.A. for the State.

The instant application, which is the second application for bail on behalf of the appellant no.2, has been filed on the ground of long detention of the appellant in jail. The first bail application has been rejected by order dated 10.04.2018. As per custody certificate, the actual period of detention of the applicant is 12 years, 4 months and 10 days as on 2.4.2022. The applicant is in jail since 7.11.2009.

Learned counsel for the applicant has placed reliance on the judgment of the Supreme Court in the case of Saudan Singh vs. State of U.P. (Criminal Appeal No. 308 of 2022) dated 25.02.2022 in submitting that the applicant should be enlarged on bail. It is further submitted that co-accused Viresh @ O.P. having similar role has been granted bail by a Co-ordinate Bench of this Court vide order dated 24.5.2022.

In Saudan Singh, the Supreme Court, while laying down different categories has put such cases where the person has served out more then ten years of detention in the second category and has observed that the bail can be granted to such person unless there are any extenuating circumstances against him. The relevant observation in this regard is as follows :-

"The second category of cases can be one where the person has served out more than 10 years of sentence. In these cases also at one go bail can be granted unless there are any extenuating circumstances against him."

We find that there is no other extenuating circumstance being brought before us to deny bail to the applicant, particularly having regard to the fact that after the rejection of the first bail application by order dated 10.04.2018, the appeal could not be heard so far.

Accordingly, the bail application is allowed and the applicant no.2 Dinesh Gupta is enlarged on bail in Sessions Trial Nos. 274 of 2010, 275 of 2010 & 276 of 2010 arising out of Case Crime Nos. 874 of 2009, 915 of 2009 & 928 of 2009, under Section 302 I.P.C. & Section 25/27 Arms Act, Police Station- Madnapur, District- Shahjahanpur on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below.

Order on Appeal.

List the appeal for hearing after three months.

Order Date:- 3.6.2022

CS/-

(Chandra Kumar Rai,J.) (Manoj Kumar Gupta,J.)