Sonu v. State of U.P

applicant and Shri Ravi Kant Kushwaha, learned AGA for the State-respondent.

The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.321 of 2014, under Sections 498-A 304-B I.P.C. & Sections 3/4 D.P. Act, Police Station Kasganj, District Kasganj, during pendency of the trial in the court below.

Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and first bail application of the applicant was dismissed by Co-ordinate Bench of this Court vide order dated 06.08.2019 passed in Criminal Misc. Bail Application No.23912 of 2016 and he is pressing the instant second bail application mainly on the ground that applicant in the present matter is in jail since 20.06.2014 i.e. for more than nine and a half years but till date trial of the case could not be concluded. However, he fairly submits that dates are being fixed for final argument.

Per contra, learned AGA opposed the prayer for bail and submits that this is second bail application filed on behalf of the applicant and first bail application of the applicant was dismissed after considering the entire facts of the case by Co-ordinate Bench of this Court. Further, however applicant is in jail for more than nine and a half years but as trial of the case is at its last leg, therefore, it is not appropriate to release the applicant on bail at this stage.

I have heard learned counsel for both the parties and perused the record of the case.

This is the second bail application filed on behalf of the applicant and first bail application of the applicant has already been dismissed on merits by Co-ordinate Bench of this Court on

06.08.2019 and applicant is the husband of the deceased and his wife died due to throttling and it is also appears that trial of the case is at its last leg and dates are being fixed for final argument but applicant in the present matter is in jail since 20.06.2014 i.e. for last more than nine and a half years.

Right of the speedy trial is the most cherished fundamental right provided under Article 21 of the Constitution of India and Apex Court in the case of Union of India Vs. K.A. Najeeb (2021) 3 SCC 713 categorically observed that if there is violation of fundamental right of the speedy trail of an accused, then he is entitled to be released on bail.

Therefore, considering the long incarceration of the applicant i.e. for more than nine and a half years, in my view, he is entitled to be enlarged on bail.

Let the applicant- Sonu, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.

In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

However, considering the fact that trial of the case is at its last leg, trial court is directed to conclude the trial of the case within a period of three months from the date of communication of the order passed today strictly in accordance with law. Order Date :- 2.12.2023 Zafar MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad