High Court
Case Details
Court No. - 82 Neutral Citation No. - 2025:AHC:115660 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36651 of 2024 Applicant :- Gaurav @ David Saini Opposite Party :- State of U.P. Counsel for Applicant :- Rajat Kumar Shukla Counsel for Opposite Party :- G.A.,Garun Pal Singh Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record.
Legal Reasoning
2. Heard Shri Rajat Kumar Shukla, learned counsel for the applicant, Shri Imran Khan, learned AGA for the State-respondent and Shri Garun Pal Singh, learned counsel for the informant. 3. The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.138 of 2023, under Section 302 IPC, Police Station Govind Nagar, District Mathura, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court on merit vide order dated 14.07.2023 but he is pressing the instant second bail application on the ground that it is a case of circumstantial evidence and applicant is in jail in the present matter since 08.05.2023 i.e. for last more than two years and till date trial of the case could not be concluded. 5. He further submits that in the charge-sheet there are as many as seventeen witnesses and till date only three witnesses could be examined by the trial court and therefore, it reflects, trial of the case is moving with languid pace and there is no hope of its early disposal. 6. He further submits that alongwith supplementary affidavit dated 27.02.2025 filed in support of the instant second bail application, order-sheet of the case has been annexed and from its perusal, it could not be reflected that applicant is causing delay in trial. 7. He further submits that right of speedy trial is a fundamental right of an accused and on its violation even in serious cases, he can be released on bail and considering the fact that applicant is detained in jail for last more than two years and he is not responsible for delay in trial, it cannot be said that his fundamental right of speedy trial has not been violated. 8. He further submits that applicant is having no criminal history to his credit. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court after considering the fact that he was having illicit relationship with the wife of the deceased and he was having mobile conversation with the wife of the deceased just before the murder of the deceased but they could not dispute the fact that it is a case of circumstantial evidence and applicant is in jail in the present matter since 08.05.2023 i.e. for last more than two years and till date only three witnesses could be examined by the trial court out of total seventeen witnesses of the charge-sheet. 10. They further could not dispute the fact that there is no material available on record, on the basis of which, it can be gathered that applicant is responsible for delay in trial of the case. 11. I have heard learned counsel for both 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 has already been dismissed by this Court on merit vide order dated 14.07.2023 after considering the fact that he was having illicit relationship with the wife of the deceased and from the mobile conversation of the applicant and wife of the deceased, it reflects, he committed the murder of the deceased but it reflects, it is a case of circumstantial evidence and applicant is in jail in the present matter since 08.05.2023 i.e. for last more than two years and till date only three witnesses could be examined by the trial court out of total seventeen witnesses of the charge-sheet, therefore, it reflects, trial of the case is moving with languid pace and there is no hope of its early disposal. 13. Further, there is no material available on record, which can suggest that applicant is causing delay in trial and considering this fact coupled with the fact that applicant is detained in jail for last more than two years, the argument advanced by learned counsel for the applicant that fundamental right of speedy trial of the applicant has been violated, cannot be ruled out. 14. Further, law is settled, if fundamental right of speedy trial of an accused is violated then even in serious cases, he can be released on bail. 15. Further, applicant is having no criminal history his credit. 16. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant- Gaurav @ David Saini, 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. 19. 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. 20. 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 :- 16.7.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad