Allahabad High Court
Ram Chander Chaudhary vs State Of U.P. on 10 October, 2023
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:195481
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47001 of 2019
Applicant :- Ram Chander Chaudhary
Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
This is the third bail application.
Matter is called out. None appears for the applicant to press the bail application. The names of the learned counsel for the applicant is shown in the cause list.
Learned counsel at the Bar has been requested to assist the Court in the matter. This Court in the light of the holding in Maneesh Pathak vs. State of U.P. passed in Criminal Misc. Bail Application No. 18536 of 2020 is not dismissing the case for non prosecution. Learned members at the Bar have volunteered to assist the Court pro bono in the highest tradition of the profession. The Court has appointed learned counsel as amicus curiae.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 37 of 2014 at Police Station- Bhanwakol, District- Ghazipur, under Sections 302, 323, 504, 506 IPC and Section 3/25 Arms Act. The applicant is in jail since 06.03.2014.
The second application of the applicant was rejected by this court on 08.12.2017.
The following arguments made by Ms. Ushma Mishra, learned counsel as amicus curiae on behalf of the applicant, which could not be satisfactorily refuted by Shri Rishi Chaddha, learned AGA from the record, entitle the applicant for grant of bail:
1. The applicant is in jail for almost ten years.
2. The trial is not concluded till date and the judgment has not been handed down by the trial court.
3. The applicant is a law abiding citizen who cooperated with the police investigations and has joined the trial.
4. The trial is moving at a snail's pace and and shows no sign of early conclusion. The applicant cannot be faulted for the delay in the trial.
5. Inordinate delay in concluding trial had has led to virtually an indefinite imprisonment of the applicant without there being any credible evidence to implicate him in the offence and violates the rights of the applicant to speedy trial.
6. The applicant does not have any criminal history apart from this case.
7. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Ram Chander Chaudhary be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
The District Legal Services Authority (DLSA), Ghazipur shall ensure that appropriate legal aid is made available to the applicant for purposes of submitting sureties and completion of other formalities for being set forth at liberty.
Registry is directed to send a copy of this order to the District Legal Services Authority (DLSA), Ghazipur for onward communication to the applicant who is in jail, and for assisting the applicant in the manner stated above.
The Court appreciates the assistance rendered by Ms. Ushma Mishra, Amicus Curiae. High Court Legal Services Authority may kindly make the fee payment to Ms. Ushma Mishra, Advocate on the approved remuneration who represented the applicant as Amicus Curiae before this Court.
A hindi translated copy of this order shall be provided to the accused in jail through the District Legal Services Authority.
Order Date :- 10.10.2023
Pravin
