High Court · 2025

1. Heard Sri Sanjay Mishra, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA, for the State.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 214 of 2023, under sections 304, 406 IPC, Police Station Qwarsi, District Aligarh, during pendency of the trial in the court below.

3. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on the ground that deceased died in his house and when her dead body was recovered then it was found that she sustained three incised wound but at the time of first bail application, some correct facts could not be put forward before this court.

4. He further submits however as per allegation deceased i.e. wife of informant had gone along with the applicant and started residing in his house and thereafter, her dead body was recovered but except the bald and verbal allegation, there is no evidence in this regard.

5. He next submits that it is not the case of the prosecution that on the pointing out of applicant buried dead body of the deceased was recovered.

6. He further submits admittedly there is no eye witness account which can suggest that applicant committed the murder of deceased.

7. He further submits that applicant is facing trial for offence under section 304 IPC and in the present matter he is in jail since 27.8.2023. i.e. for last almost one and half year and till date not even charges could be framed.

8. He further submits that on 27.11.2024 a report was called from the court concerned about the status of the trial and pursuant to the order passed by this court concerned District Judge submitted his report which is on record and from its perusal it reflects that after the order passed by this court on 5.12.2024 the case was committed to the court of session and this fact suggest that there is no hope of early disposal of the trial and without any fault of the applicant case is still pending.

9. He further submits right of seedy trial is the fundamental right of an accused and on its violation even in serious cases he can be enlarged on bail.

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

11. 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 has been dismissed on merit by this Court after considering entire facts of the case but could not dispute the fact that in the present matter applicant is in jail since 27.8.2023 and till date not even charges could be framed and after calling the status report from the court concerned the case was committed to the court of sessions.

12. Learned AGA further could not dispute the fact that applicant is not having any criminal history.

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

14. This is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court after considering entire facts of the case but it reflects that applicant is facing trial for offence under sections 304, 406 IPC and he is in jail in the present matter since 27.8.2023 i.e. for almost one and half year and considering this fact a report was called from the court concerned about current status of the trial and from its perusal it reflects that on 05.12.2024 the case was committed to the court of sessions. Considering this fact the argument advanced by learned counsel for the applicant that there is no hope of early disposal of the trial cannot be ruled out.

15. Further from the record it could not be reflected that applicant was responsible for delay in trial.

16. Further, law is settled, right of speedy trial is the fundamental right of an accused and on its violation he can be released on bail even in cases where the allegations are serious and considering the facts of the case it cannot be said that fundamental right of speedy trial of the applicant has not been infringed in the present matter .

17. Further, applicant is not having any previous criminal history.

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

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

20. Let the applicant- Guddu 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.

21. 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.

22. 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. Order Date :- 5.2.2025 Neeraj NEERAJ KUMAR SINGH High Court of Judicature at Allahabad

1. Heard Sri Sanjay Mishra, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA, for the State.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 214 of 2023, under sections 304, 406 IPC, Police Station Qwarsi, District Aligarh, during pendency of the trial in the court below.

3. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on the ground that deceased died in his house and when her dead body was recovered then it was found that she sustained three incised wound but at the time of first bail application, some correct facts could not be put forward before this court.

4. He further submits however as per allegation deceased i.e. wife of informant had gone along with the applicant and started residing in his house and thereafter, her dead body was recovered but except the bald and verbal allegation, there is no evidence in this regard.

5. He next submits that it is not the case of the prosecution that on the pointing out of applicant buried dead body of the deceased was recovered.

6. He further submits admittedly there is no eye witness account which can suggest that applicant committed the murder of deceased.

7. He further submits that applicant is facing trial for offence under section 304 IPC and in the present matter he is in jail since 27.8.2023. i.e. for last almost one and half year and till date not even charges could be framed.

8. He further submits that on 27.11.2024 a report was called from the court concerned about the status of the trial and pursuant to the order passed by this court concerned District Judge submitted his report which is on record and from its perusal it reflects that after the order passed by this court on 5.12.2024 the case was committed to the court of session and this fact suggest that there is no hope of early disposal of the trial and without any fault of the applicant case is still pending.

9. He further submits right of seedy trial is the fundamental right of an accused and on its violation even in serious cases he can be enlarged on bail.

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

11. 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 has been dismissed on merit by this Court after considering entire facts of the case but could not dispute the fact that in the present matter applicant is in jail since 27.8.2023 and till date not even charges could be framed and after calling the status report from the court concerned the case was committed to the court of sessions.

12. Learned AGA further could not dispute the fact that applicant is not having any criminal history.

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

14. This is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court after considering entire facts of the case but it reflects that applicant is facing trial for offence under sections 304, 406 IPC and he is in jail in the present matter since 27.8.2023 i.e. for almost one and half year and considering this fact a report was called from the court concerned about current status of the trial and from its perusal it reflects that on 05.12.2024 the case was committed to the court of sessions. Considering this fact the argument advanced by learned counsel for the applicant that there is no hope of early disposal of the trial cannot be ruled out.

15. Further from the record it could not be reflected that applicant was responsible for delay in trial.

16. Further, law is settled, right of speedy trial is the fundamental right of an accused and on its violation he can be released on bail even in cases where the allegations are serious and considering the facts of the case it cannot be said that fundamental right of speedy trial of the applicant has not been infringed in the present matter .

17. Further, applicant is not having any previous criminal history.

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

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

20. Let the applicant- Guddu 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.

21. 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.

22. 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. Order Date :- 5.2.2025 Neeraj NEERAJ KUMAR SINGH High Court of Judicature at Allahabad