This Court in Prabhat Gangwar v. State of U.P
Case Details
Neutral Citation No. - 2025:AHC:4738 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40627 of 2024 Applicant :- Anurag Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A.,Girish Singh,Ruchi Mishra Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. None appears on behalf of the informant. Name of counsel for the first informant is shown in the cause list. Learned counsel for the applicant submits that the informant is absenting himself at the hearing of the bail application only to prolong the incarceration of the applicant. This is the second bail application. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 308 of 2023 at Police Station-Badlapur, District-Jaunpur under Sections 376, 504, 506 IPC and Section 3/4 of POCSO Act. The applicant is in jail since 22.10.2023. The bail application of the applicant was rejected by this Court on 23.04.2024.
Legal Reasoning
6. 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." 7. 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. 8. The applicant does not have any criminal history apart from this case. 9. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of the applicant influencing witnesses, tampering with the evidence or reoffending. In wake of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant - Anurag Yadav 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. It is further directed that in case the applicant or any accused person who has been enlarged on bail does not cooperate in the trial or adopts dilatory tactics, the learned trial court shall record a finding to this effect and cancel the bail without recourse to this Court. It is contended that DNA/FSL is still awaited. The trial is being held up on account of failure to promptly submit the FSL report. Director, Lucknow has also been communicated about the delay by the trial court but to no avail. Deputy Director, FSL, Prayagraj to ensure that report is promptly drawn up and submit before the learned trial court within 15 days so that no further impediments is caused in the trial proceedings. A copy of this order be communicated to Deputy Director, FSL, Prayagraj by learned Government Advocate. Order Date :- 9.1.2025 Dhananjai Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
Arguments
The following arguments made by Shri Ashok Kumar Singh, learned counsel assisted by Ms. Pratibha Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA from the record, entitle the applicant for grant of bail: 1. The applicant is a law abiding citizen who cooperated with the police investigations and had joined the trial. 2. The applicant never influenced witnesses or tampered with the evidence. 3. The applicant did not adopt dilatory tactics or impede the trial proceedings. 4. The status report sent by the learned trial court records that all prosecution witnesses have already been examined. The stage will shortly be set for proceedings under Section 313 Cr.P.C./defence evidence. There is no possibility of the applicant influencing any of the witnesses. 5. 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 defence of the applicant and contrary to the norms of processual fairness in criminal jurisprudence.