Allahabad High Court
Vinod Mali vs State Of U.P. on 25 July, 2023
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:148638
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28157 of 2023
Applicant :- Vinod Mali
Opposite Party :- State of U.P.
Counsel for Applicant :- Pramod Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for applicant, learned AGA for the State and perused the record.
2. The present third bail application has been filed by the applicant seeking enlargement on bail.
3. It is argued by the learned counsel for applicant that the first bail application was rejected by this Court on account of non-appearance on 10.01.2017. The second bail application filed by the applicant was rejected on 02.09.2022. It is argued that the applicant is in custody since more than 7 years and there is no likelihood of trial being complete in the near future as only three witnesses have been examined out of the 14 witnesses proposed to be examined. The counsel for the applicant places reliance on the judgment of the Supreme Court in the case of Rabi Prakash vs. State of Odisha, Special Leave to Appeal (Criminal) No.4169 of 2023, 2023 Live Law (SC) page 533 as well as the judgment of the Supreme Court in the case of Mohd. Muslimvs. State 2023 Live Law (SC) page 260 wherein the Supreme Court has held that the prolonged incarceration violates the right of a detenue under trial enshrined in the Article 21 of the Constitution of India. In the present case the applicant is in custody for more than 7 years and there is no likelihood of the trial being completed in the near future. Thus, on the said ground and the following judgments laid down by the Supreme Court as noted above, the applicant is entitled to be enlarged on bail.
4. Learned A.G.A. vehemently opposed the bail prayer.
5. Considering the said ground alone and the following judgments laid down by the Supreme Court as noted above, the applicant is entitled to be enlarged on bail and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.
6. Accordingly, the bail application is allowed.
7. Let the applicant- Vindo Mali be released on bail in Special Trial No.456 of 2016, arising out of Case Crime No.132 of 2016, under Sections 8/21/22 N.D.P.S. Act, Police Station-G.R.P., District-Gorakhpur on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 25.7.2023
Kalp Nath Singh
