High Court
Case Details
Neutral Citation No. - 2025:AHC:52175 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37768 of 2024 Applicant :- Jagat Singh @ Vinod Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Kumar Singh Kaushik Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Legal Reasoning
1. Heard Sri Pawan Kumar Singh Kaushik, learned counsel for the applicant and Sri Pradeep Kumar, learned A.G.A. for the State- respondent. 2. The instant third bail application has been filed seeking release of the applicant on bail in Case Crime No.598 of 2006, under Section 302 I.P.C., Police Station- Indirapuram, District- Ghaziabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that this is the third bail application filed on behalf of the applicant and his first bail application has been dismissed by Hon'ble Karuna Nand Bajpayee, who has already demitted his office. 4. He further submits that however second bail application of the applicant was dismissed by Hon'ble Krishan Pahal, J. but his lordship has released the instant third bail application of the applicant and as this Court is dealing with such matters, therefore, the instant third bail application of the applicant has been listed today before this Bench after the order of Hon'ble The Chief Justice. 5. He further submits that however, as per allegation, applicant committed the murder of a person by causing injury to him through sharp-edged weapon but he is in jail in the present matter since 19.02.20215 i.e. for last more than ten years and till date trial of the case could not be concluded. 6. He further submits that till date only eight witnesses could be examined, out of total fifteen witnesses of the charge-sheet. He next submits, without any delay caused by the applicant, trial of the case is being lingered on. 7. He further submits that law is settled that 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. 8. He further submits that applicant is in jail in the present matter for last more than a decade, therefore, it cannot be said that his fundamental right of speedy trial has not been infringed. 9. He further submits that however, apart from the present case, applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application. 10. He further submits that therefore, considering the long incarceration of the applicant, he should be released on bail. 11. Per contra, learned A.G.A. opposed the prayer for bail and submits that this is the third bail application filed on behalf of the applicant and his earlier two bail applications have already been dismissed but could not dispute the fact that applicant is in jail for last more than a decade and till date trial of the case could not be concluded. 12. He further could not dispute the fact that there is no evidence on record, which can suggest that applicant is responsible for delay in trial. 13. I have heard learned counsel for the parties and perused the record of the case. 14. However, this is the third bail application filed on behalf of the applicant and his first bail application was dismissed by Hon'ble Karuna Nand Bajpayee, who has already demitted his office. However, second bail application of the applicant was dismissed by Hon'ble Krishan Pahal, J. but his lordship has released the instant third bail application of the applicant and as this Court is dealing with such matters, therefore, the instant third bail application of the applicant has been listed today before this Bench after the order of Hon'ble The Chief Justice. 15. The instant third bail application of the applicant has been pressed by learned counsel for the applicant on the ground that he is in jail in the present matter since 19.02.20215 i.e. for last more than a decade and till date trial of the case could not be concluded. Considering this fact, a report was called from the court concerned, which is on record and from its perusal, it reflects, till date only eight witnesses could be examined, out of total fifteen witnesses of the charge-sheet and therefore, it appears, trial of the case is moving with languid pace and there is no hope of its early disposal. 16. Further, from the report of the court concerned, it could not be reflected that applicant caused any delay in trial and from the report, it reflects, witness Nand Kishore was not appearing inspite of repeated summons. Considering the fact that applicant is in jail for last more than a decade and there is no evidence that he is causing any delay in trial, it cannot be said that his fundamental right of speedy trial has not been infringed. 17. Therefore, considering the facts and circumstances of the case discussed above particularly the long incarceration of the applicant of more than a decade, 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- Jagat Singh @ Vinod 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 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. Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad Order Date :- 9.4.2025/Zafar