Anand Prakash Tiwari vs Union Of India Through C.B.I.
2024 Latest Caselaw 19700 ALL

Allahabad High Court

Anand Prakash Tiwari vs Union Of India Through C.B.I. on 29 May, 2024

Author: Pankaj Bhatia

Bench: Pankaj Bhatia

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:41004
 
Court No. - 12
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11011 of 2023
 

 
Applicant :- Anand Prakash Tiwari
 
Opposite Party :- Union Of India Through C.B.I.
 
Counsel for Applicant :- Vinod Kumar Yadav,Akhilendra Pratap Singh,Atul Verma,Vaibhav Upadhyay
 
Counsel for Opposite Party :- Anurag Kumar Singh
 

 
Hon'ble Pankaj Bhatia,J.
 

1. Heard learned counsel for the applicant, Sri Anurag Kumar Singh, learned counsel for the C.B.I. and perused the record.

2. This is the second bail application. The first bail application was dismissed by this Court for want of prosecution vide order dated 25.04.2018.

3.The main submission of the counsel for the applicant is that the applicant is in custody since 17.06.2011 and has suffered pre-trial detention of almost 13 years and despite arguments being concluded and after reserving the matter on 16.02.2021, the same has not been delivered till date.

4. Noticing the pre-trial detention of the applicant of almost 13 years, this Court had called for the status report of the trial, which was stated to be fixed for arguments on 24.05.2024. It is stated that on the said date, the next date is fixed on 04.06.2024. It is further argued by the counsel for the applicant that apart from the present case, the applicant is linked with another case of a similar nature, however he does not have criminal history prior to the offence in question. In sum and substance, the claim of the applicant is that the inordinate pre-trial detention suffered by the applicant violates his rights enshrined under Article 21 of the Constitution of India. This Court also noticed that twice directions were fixed by this Court for conclusion of the sessions trial, however, the judgment is not being delivered.

5. Sri Anurag Kumar Singh, learned counsel appearing on behalf of the CBI argues that despite the judgment being reserved in the year 2021, the same has not been delivered. He further argues that the applicant is an accused of causing the murder of two senior doctors and was related to NRHM Scam and a heinous offence was committed. He further argues that all the testimonies have been completed and the judgment is to be delivered, which is beyond the control of CBI.

6. Considering the submissions made at the Bar, the trial Court is directed to hear and conclude the argument and to deliver the judgment positively on or before 30.06.2024 without giving any adjournment to either of the party.

7. List this case on 02.07.2024.

8. In case, the judgment is not delivered, the trial Court shall send status report to this Court indicating the reasons for not doing so.

Order Date :- 29.5.2024

Arun