Allahabad High Court
Rahul vs State Of U.P. on 10 October, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:194571
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27878 of 2023
Applicant :- Rahul
Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Kumar Srivastava
Counsel for Opposite Party :- G.A.,Mohammad Abid Ali
Hon'ble Siddharth,J.
Heard Shri Amit Kumar Srivastava, learned counsel for the applicant; Shri Mohammad Abid Ali, learned counsel for the informant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Rahul, with a prayer to release him on bail in Case Crime No. 182 of 2021, under Sections 307,302,120-B,34 IPC Police Station Cantt., District- Bareilly, during pendency of trial.
This is the second bail application. The first bail application was rejected by the coordinate Bench of this Court vide order dated 16.8.2022.The matter has been placed before this Court after nomination by Hon'ble The Chief Justice.
Learned counsel for the applicant has submitted that while rejecting the first bail application of the applicant this court directed the trial court to conclude the trial within six months.Copy of the order of this court was placed before the trial court on 3.1.2023. Learned counsel for the applicant has further submitted that 10 out of 23 prosecution witnesses have been examined till date.Applicant has been implicated generally by the witnesses examined before the trial court. Witnesses of fact have been examined ,therefore, there is no possibility of tampering the witnesses.In the statement of the injured, Sakina, she has not made any specific allegation against the applicant. The applicant is in jail since 1.6.2021 and has no criminal history.
Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed
Let the applicant be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. That 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;
5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 10.10.2023
Atul kr. sri.
