High Court
Case Details
Neutral Citation No. - 2025:AHC:29673 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45518 of 2024 Applicant :- Amar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Ashok Kumar Tripathi, learned counsel for the applicant and Shri Pradeep Kumar, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.610 of 2017, under Section302 I.P.C., Police Station Kotwali Fatehgarh, District Farrukhabad, during pendency of the trial in the court below.
Legal Reasoning
3. Learned counsel for the applicant submits that however, as per allegation applicant committed the murder of one of his inmate of the jail while he was in jail but entire allegation levelled against applicant is totally false. 4. He further submits, considering the fact that applicant was himself in captivity, it is hard to believe that in presence of number of jail inmates, he would have committed the murder of the deceased. 5. He further submits that applicant is in jail in the present matter since 06.11.2017 i.e. for last more than seven years and till date out of 22 witnesses of the charge-sheet only seven witnesses could be examined by the trial court and therefore, trial of the case is moving with languid pace and there is no hope of its early disposal. 6. 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. 7. He further submits that considering the fact that applicant is in jail in the present matter for last more than seven years and there is no cogent evidence on record, which can suggest that applicant is responsible for delay in trial, it cannot be said that his fundamental right of speedy trial has not been infringed. 8. He further submits that apart from the present case, however applicant is having criminal history of one another case of Section 302 I.P.C., in which he has been convicted but in that case, he is in jail since 13.06.2002 i.e. for last more than twenty three and half years and his application for remission is pending before the Government of U.P. and therefore, considering the long incarceration of the applicant, he should be released on bail in the present matter. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that applicant is in jail in the present matter since 06.11.2017 i.e. for last more than seven years. He further could not dispute, however, applicant is in jail with regard to other offence for last more than twenty three and half years. 10. He further could not dispute the fact that except present case and a case, in which applicant has been convicted, he is having no other criminal history to his credit. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation when applicant was detained in jail with regard to some other offence then he committed the murder of one of his jail inmate by throttling but it reflects, he is in jail in the present matter since 06.11.2017 i.e. for last more than seven years and considering his long incarceration, a report was called from the court concerned about current status of the trial and from perusal of the report of the court concerned, it reflects, till date out of 22 witnesses of the charge-sheet only seven witnesses could be examined by the trial court, therefore, this Court finds merit in the argument advanced by learned counsel for the applicant that trial of the case is moving with languid pace and there is no hope of its early disposal. 13. Further, from the report, it could not be reflected that applicant caused any delay in trial. 14. Further, considering the long incarceration of the applicant of more than seven years, the argument advanced by learned counsel for the applicant that fundamental right of speedy trial of the applicant has been infringed, can also not be completely brushed aside considering the observation made by Apex Court in the case of Tapas Kumar Palit Vs. State of Chhattisgarh passed in Criminal Appeal No.738 of 2025, arising out of SLP (Criminal) No.15971 of 2024 order dated 14.02.2025]. 15. Further, apart from the present case, applicant is however having criminal history of one another case of Section 302 I.P.C., in which he has also convicted but in that case, he is in jail since 13.06.2002 i.e. for last more than twenty three and half years and and his application for remission is pending before the Government of U.P. 16. Further, except present case and the case, in which applicant has been convicted, he is having no other criminal history to his credit. 17. Therefore, considering the facts and circumstances of the case and particularly long incarceration of the applicant of more than years, 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- Amar Singh 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. Order Date :- 3.3.2025/Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad