State of U.P v. Party

2. Heard Sri Amritesh Dwivedi, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State-respondent.

3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 83 of 2023, under Sections 302, 201 IPC, Police Station- Mahuadih, District- Deoria, during pendency of the trial in the court below.

4. Learned counsel for the applicant submitted that however, this is the second bail application filed on behalf of applicant and his first bail application has been dismissed on 06.09.2023 after considering the fact that applicant is father of the deceased and it appears to be a case of honour killing but he is pressing the instant second bail application on the ground that applicant is in jail in the present matter since 06.04.2023 i.e. for last two and half years and till date, trial of the case could not be concluded.

5. He further submitted that till date, out of 20 witnesses of the charge sheet, only one witness could be examined, therefore, trial of the case is moving with languid pace and there is no hope of its early disposal.

6. He further submitted that there is no evidence on record which can suggest that applicant is causing delay in trial. 2 BAIL No. 15756 of 2024

7. He further submitted that even it is a case of circumstantial evidence and main circumstance against applicant was the statement of father of applicant recorded during investigation but unfortunately he has died.

8. He further submitted that applicant is not having any criminal history.

9. Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit and it is a case of honour killing and applicant is father of the deceased but could not dispute the fact that applicant is in jail in the present matter since 06.04.2023 i.e. for last two and half years and till date, out of 20 witnesses of the charge sheet, only one witness could be examined.

10. He further could not dispute the fact that there is no evidence which can suggest that applicant is adopting delaying tactics. He further could not dispute the fact that applicant is not having any criminal history.

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

12. However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit after considering the fact that applicant is father of the deceased and it is a case of honour killing as deceased, the daughter of the applicant was having love affair with one Bablu but it reflects, it is a case of circumstantial evidence and in the present matter, applicant is in jail since 06.04.2023 i.e. for last two and half years and till date, trial of the case could not be concluded.

13. Considering the long incarceration of the applicant, a report was called from the court concerned, which is now on record. From perusal of the report submitted by the court concerned, it reflects, on 20.07.2024, charges were framed and thereafter continuously summons were issued but only PW1 appeared on 21.02.2025 and till date, only his statement could be recorded and therefore, it reflects that due to non-cooperation of the prosecution witnesses, trial of the case could not be moved speedly and it could not be reflected that applicant is causing delay in trial. 3 BAIL No. 15756 of 2024

14. Further, applicant is not having any criminal history and from the record, it reflects, main evidence against the applicant was the statement of his father recorded during investigation who witnessed him while he was following the deceased in the night but unfortunately, grandfather of the deceased i.e. father of the applicant has died and he could not depose before the trial court.

15. Further, law is settled, right of speedy trial is the fundamental right of an accused and on its violation, even in serious cases, he can be released on bail.

16. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed either for punitive or preventive purpose.

17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

19. Let the applicant- Naushad Ali 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.

20. 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 4 BAIL No. 15756 of 2024 the bail of the applicant.

21. 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. September 18, 2025 #Vik/- (Sameer Jain,J.) VIKRAM GUPTA High Court of Judicature at Allahabad

2. Heard Sri Amritesh Dwivedi, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State-respondent.

3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 83 of 2023, under Sections 302, 201 IPC, Police Station- Mahuadih, District- Deoria, during pendency of the trial in the court below.

4. Learned counsel for the applicant submitted that however, this is the second bail application filed on behalf of applicant and his first bail application has been dismissed on 06.09.2023 after considering the fact that applicant is father of the deceased and it appears to be a case of honour killing but he is pressing the instant second bail application on the ground that applicant is in jail in the present matter since 06.04.2023 i.e. for last two and half years and till date, trial of the case could not be concluded.

5. He further submitted that till date, out of 20 witnesses of the charge sheet, only one witness could be examined, therefore, trial of the case is moving with languid pace and there is no hope of its early disposal.

6. He further submitted that there is no evidence on record which can suggest that applicant is causing delay in trial. 2 BAIL No. 15756 of 2024

7. He further submitted that even it is a case of circumstantial evidence and main circumstance against applicant was the statement of father of applicant recorded during investigation but unfortunately he has died.

8. He further submitted that applicant is not having any criminal history.

9. Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit and it is a case of honour killing and applicant is father of the deceased but could not dispute the fact that applicant is in jail in the present matter since 06.04.2023 i.e. for last two and half years and till date, out of 20 witnesses of the charge sheet, only one witness could be examined.

10. He further could not dispute the fact that there is no evidence which can suggest that applicant is adopting delaying tactics. He further could not dispute the fact that applicant is not having any criminal history.

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

12. However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit after considering the fact that applicant is father of the deceased and it is a case of honour killing as deceased, the daughter of the applicant was having love affair with one Bablu but it reflects, it is a case of circumstantial evidence and in the present matter, applicant is in jail since 06.04.2023 i.e. for last two and half years and till date, trial of the case could not be concluded.

13. Considering the long incarceration of the applicant, a report was called from the court concerned, which is now on record. From perusal of the report submitted by the court concerned, it reflects, on 20.07.2024, charges were framed and thereafter continuously summons were issued but only PW1 appeared on 21.02.2025 and till date, only his statement could be recorded and therefore, it reflects that due to non-cooperation of the prosecution witnesses, trial of the case could not be moved speedly and it could not be reflected that applicant is causing delay in trial. 3 BAIL No. 15756 of 2024

14. Further, applicant is not having any criminal history and from the record, it reflects, main evidence against the applicant was the statement of his father recorded during investigation who witnessed him while he was following the deceased in the night but unfortunately, grandfather of the deceased i.e. father of the applicant has died and he could not depose before the trial court.

15. Further, law is settled, right of speedy trial is the fundamental right of an accused and on its violation, even in serious cases, he can be released on bail.

16. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed either for punitive or preventive purpose.

17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

19. Let the applicant- Naushad Ali 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.

20. 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 4 BAIL No. 15756 of 2024 the bail of the applicant.

21. 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. September 18, 2025 #Vik/- (Sameer Jain,J.) VIKRAM GUPTA High Court of Judicature at Allahabad