High Court · 2025

The following arguments made by Shri Mashhood Abbas, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Vindhyachal Singh, learned counsel and Shri Prem Chandra Patel, learned counsel for the informant and Shri Chandan Agrawal, learned A.G.A.-I from the record, entitle the applicant for grant of bail:

1. The applicant is a law abiding citizen who cooperated in the investigation and has joined the trial proceedings. The applicant never tampered with the evidence nor influenced any witness.

2. The applicant never adopted any dilatory tactics or impeded the process of the trial.

3. The status report sent by the trial court records that as per the chargesheet the prosecution proposes to examine 16 witnesses to bring home the charges. Seven witnesses including the material witnesses have been examined. There is no possibility of the said witnesses being influenced by the applicant.

4. The status report also discloses that the prosecution was not cooperating in the trial proceedings and the prosecution evidence was closed. Subsequently, the prosecution was given an opportunity to adduce evidence after application in that regard was made. Prosecution is clearly delaying the trial only to prolong the incarceration of the applicant.

5. The arguments in regard to the exculpatory testimony of the witnesses is not being considered at this stage since it may influence the trial.

6. Continued imprisonment of the applicant will disable him from crafting an effective defence strategy, gathering evidence in his support thereof and tendering the same before the learned trial court to absolve himself of the charges. Any further incarceration would be to the detriment of the applicant's defence and contrary to the norms of processual fairness in criminal jurisprudence. This Court in Prabhat Gangwar v. State of U.P. (Criminal Misc. Bail Application No.2586 of 2023) while considering the grant of enlarging an accused on bail for preparing his defence and gathering evidence to tender the same before the learned trial court for establishing his innocence held: "Nature and gravity of the offence is certainly liable to be considered by the court while considering grant of bail. The Court has also to factor the likelihood of whether the accused committed the offence while deciding a bail application. The court also has to determine in the facts of the case whether the accused needs to be set at liberty to frame his defence and gather evidence to refute the prosecution case and establish his innocence. The bail court has to examine whether continued incarceration would disable the accused from tendering an effective defence of his case. This is a demand of processual fairness in criminal jurisprudence. Setting an accused at liberty at large on this ground cannot be applied mechanically in all cases. The issue has to be considered in the facts and circumstances of each case while doing so. All relevant facts including the evidences in the record, the conduct of the accused during the investigation as well as trial have to be adverted to before a decision is made in this regard." Considering the aforesaid parameters in light of the above facts of this case, I am of the opinion that Prabhat Gangwar (supra) is applicable to the facts of this case.

7. The applicant does not have any criminal history apart from this case.

8. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Sajid be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. Considering the past observations of the trial court regarding the dilatory tactics adopted by the prosecution the earlier directions in the order dated 03.07.2023 in the bail application of co-accused Mohd. Qasim are reiterated. The trial court is directed to summon the Superintendent of Police, Jaunpur in person in case the coercive measures taken out by the trial court are not executed and police authorities fail to compel appearance of the witnesses. It is further directed that in case the applicant or any accused does not cooperate in the trial or adopt dilatory tactics, the learned trial court shall record a finding to this effect and cancel the bail without recourse to this Court. Order Date :- 27.1.2025 Vandit VANDIT AGRAWAL High Court of Judicature at Allahabad

The following arguments made by Shri Mashhood Abbas, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Vindhyachal Singh, learned counsel and Shri Prem Chandra Patel, learned counsel for the informant and Shri Chandan Agrawal, learned A.G.A.-I from the record, entitle the applicant for grant of bail:

1. The applicant is a law abiding citizen who cooperated in the investigation and has joined the trial proceedings. The applicant never tampered with the evidence nor influenced any witness.

2. The applicant never adopted any dilatory tactics or impeded the process of the trial.

3. The status report sent by the trial court records that as per the chargesheet the prosecution proposes to examine 16 witnesses to bring home the charges. Seven witnesses including the material witnesses have been examined. There is no possibility of the said witnesses being influenced by the applicant.

4. The status report also discloses that the prosecution was not cooperating in the trial proceedings and the prosecution evidence was closed. Subsequently, the prosecution was given an opportunity to adduce evidence after application in that regard was made. Prosecution is clearly delaying the trial only to prolong the incarceration of the applicant.

5. The arguments in regard to the exculpatory testimony of the witnesses is not being considered at this stage since it may influence the trial.

6. Continued imprisonment of the applicant will disable him from crafting an effective defence strategy, gathering evidence in his support thereof and tendering the same before the learned trial court to absolve himself of the charges. Any further incarceration would be to the detriment of the applicant's defence and contrary to the norms of processual fairness in criminal jurisprudence. This Court in Prabhat Gangwar v. State of U.P. (Criminal Misc. Bail Application No.2586 of 2023) while considering the grant of enlarging an accused on bail for preparing his defence and gathering evidence to tender the same before the learned trial court for establishing his innocence held: "Nature and gravity of the offence is certainly liable to be considered by the court while considering grant of bail. The Court has also to factor the likelihood of whether the accused committed the offence while deciding a bail application. The court also has to determine in the facts of the case whether the accused needs to be set at liberty to frame his defence and gather evidence to refute the prosecution case and establish his innocence. The bail court has to examine whether continued incarceration would disable the accused from tendering an effective defence of his case. This is a demand of processual fairness in criminal jurisprudence. Setting an accused at liberty at large on this ground cannot be applied mechanically in all cases. The issue has to be considered in the facts and circumstances of each case while doing so. All relevant facts including the evidences in the record, the conduct of the accused during the investigation as well as trial have to be adverted to before a decision is made in this regard." Considering the aforesaid parameters in light of the above facts of this case, I am of the opinion that Prabhat Gangwar (supra) is applicable to the facts of this case.

7. The applicant does not have any criminal history apart from this case.

8. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Sajid be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. Considering the past observations of the trial court regarding the dilatory tactics adopted by the prosecution the earlier directions in the order dated 03.07.2023 in the bail application of co-accused Mohd. Qasim are reiterated. The trial court is directed to summon the Superintendent of Police, Jaunpur in person in case the coercive measures taken out by the trial court are not executed and police authorities fail to compel appearance of the witnesses. It is further directed that in case the applicant or any accused does not cooperate in the trial or adopt dilatory tactics, the learned trial court shall record a finding to this effect and cancel the bail without recourse to this Court. Order Date :- 27.1.2025 Vandit VANDIT AGRAWAL High Court of Judicature at Allahabad