High Court · 2025
Case Details
Acts & Sections
Cited in this judgment
1. Heard Sri Manish Tiwary, learned Senior Advocate assisted by Sri J.P.S. Chauhan, learned counsel for the applicant, Sri S.P.S. Chauhan, learned counsel for the informant and Sri R.N. Srivastava, learned AGA for the State.
2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 292 of 2023, under Sections 323, 504, 506, 307 IPC and Section 30 Arms Act, Police Station Binauli, District Baghpat during pendency of the trial.
3. Learned Senior Advocate appearing on behalf of the applicant submitted that this is second bail application filed on behalf of the applicant and first bail application of the applicant was dismissed by this Court on merit vide order dated 24.04.2024 but he is pressing the instant second bail application on the ground that in the present matter applicant is in jail since 30.11.2023 i.e. for last more than a year and till date even the case could not be committed to the court of Sessions, therefore, there is no hope of early disposal of the trial.
4. He further submits, along with the applicant his wife was also made accused but after investigation charge-sheet was filed against her only under Section 323, 504, 506 IPC and when she was summoned then summoning order was challenged by the informant in Criminal Revision No. 60 of 2024 and on 04.04.2024, the revision filed by the informant has been admitted and notices were issued and thereafter on 22.07.2024 the record of the court concerned has been summoned by the revisional court.
5. He further submits, as record of the case has been summoned by the revisional court on the revision filed by the informant, therefore, in fact, proceedings of the case has automatically been withheld and there is no chance of even committal of the case in near future and without any fault of the applicant, who is detained in jail for last one year, proceeding of the case is being lingered on.
6. He further submits, right of speedy trial is a fundamental right of an accused and on its violation an accused even in serious offences can be released on bail.
1. Heard Sri Manish Tiwary, learned Senior Advocate assisted by Sri J.P.S. Chauhan, learned counsel for the applicant, Sri S.P.S. Chauhan, learned counsel for the informant and Sri R.N. Srivastava, learned AGA for the State.
2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 292 of 2023, under Sections 323, 504, 506, 307 IPC and Section 30 Arms Act, Police Station Binauli, District Baghpat during pendency of the trial.
3. Learned Senior Advocate appearing on behalf of the applicant submitted that this is second bail application filed on behalf of the applicant and first bail application of the applicant was dismissed by this Court on merit vide order dated 24.04.2024 but he is pressing the instant second bail application on the ground that in the present matter applicant is in jail since 30.11.2023 i.e. for last more than a year and till date even the case could not be committed to the court of Sessions, therefore, there is no hope of early disposal of the trial.
4. He further submits, along with the applicant his wife was also made accused but after investigation charge-sheet was filed against her only under Section 323, 504, 506 IPC and when she was summoned then summoning order was challenged by the informant in Criminal Revision No. 60 of 2024 and on 04.04.2024, the revision filed by the informant has been admitted and notices were issued and thereafter on 22.07.2024 the record of the court concerned has been summoned by the revisional court.
5. He further submits, as record of the case has been summoned by the revisional court on the revision filed by the informant, therefore, in fact, proceedings of the case has automatically been withheld and there is no chance of even committal of the case in near future and without any fault of the applicant, who is detained in jail for last one year, proceeding of the case is being lingered on.
6. He further submits, right of speedy trial is a fundamental right of an accused and on its violation an accused even in serious offences can be released on bail.