Allahabad High Court
Sunil Kumar Mahaur vs State Of U.P. on 1 March, 2024
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:37852
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28306 of 2023
Applicant :- Sunil Kumar Mahaur
Opposite Party :- State of U.P.
Counsel for Applicant :- Adya Prasad Tewari,Kanjaanan Pyare Singh
Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. This is the second bail application. The first being Criminal Misc. Bail Application No. 4355 of 2023 was rejected by me vide order dated 07.04.2023, by which the trial court was directed to conclude the trial expeditiously preferably within a period of four months.
3. This bail application has been filed by the applicant seeking bail in Case Crime No. 578 of 2022, under Section 7/13 of Prevention of Corruption Act, Police Station Kotwali, District Ghaziabad.
4. Learned counsel for the applicant has drawn the attention of this Court to the fact that the applicant is languishing in jail since 18.12.2022 and has already undergone about one year and two months of incarceration in jail.
5. Learned counsel for the applicant has next submitted that in the instant case as many as 13 prosecution witnesses are to be examined, out of which, till date, not even one prosecution witness has been completely examined and the cross-examination of P.W. 1 is still in progress. He has further submitted that there are very bleak chances of trial being concluded in near future due to very heavy dockets and the trial is progressing at a snail pace.
6. Learned counsel for the applicant has next submitted that regarding long incarceration of under trials prisoners in jail due to delay in conclusion of trial, the Hon'ble Apex Court in the case of Union of India Vs. K.A. Najeeb reported in AIR 2021, SC 712, has held in para 16 of the judgment as under:-
"This Court has clarified in numerous judgments that the liberty guaranteed by Part III of the Constitution would cover within its protective ambit not only due procedure and fairness but also access to justice and a speedy trial. In Supreme Court Legal Aid Committee Representing Undertrial Prisoners v. Union of India, it was held that undertrials cannot indefinitely be detained pending trial. Ideally, no person ought to suffer adverse consequences of his acts unless the same is established before a neutral arbiter. However, owing to the practicalities of real life where to secure an effective trial and to ameliorate the risk to society in case a potential criminal is left at large pending trial, Courts are tasked with deciding whether an individual ought to be released pending trial or not. Once it is obvious that a timely trial would not be possible and the accused has suffered incarceration for a significant period of time, Courts would ordinarily be obligated to enlarge them on bail."
7. Learned counsel for the applicant has next submitted that the applicant is in jail since 18.12.2022 and has no criminal history to his credit. In the present case, charge-sheet has already been submitted and there is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he be released on bail.
8. Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 18.12.2022 and has no criminal history to his credit.
9. Having considered the rival submissions made by learned counsel for the parties and taking into consideration the long incarceration of the applicant in jail, who is under trial prisoner and keeping in view the fact that in the instant case, 13 witnesses are to be examined, out of which, till date, not even one prosecution witness has been completely examined and 12 witnesses are yet to be examined, the chances of trial being concluded in near future is very bleak due to heavy dockets. In view of law laid down by the Hon'ble Apex Court in such circumstances for grant of bail, I am of the considered opinion that the applicant has made out a case for bail.
10. Let the applicant Sunil Kumar Mahaur be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
(i). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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.
(ii). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence without sufficient cause, the trial court may proceed against him under Section 229-A IPC.
(iii). In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him in accordance with law under Section 174-A IPC.
(iv). The applicant shall remain present, in person, before the trial court on the dates fixed for recording of the statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
11. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
12. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
13. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
14. The bail application is accordingly allowed.
15. Office is directed to send a soft copy of this bail order by e-mail to the applicant through the Jail Superintendent concerned.
Order Date :- 1.3.2024
Subham
