High Court · 2025

Legal Reasoning

(c) Both deceased have received multiple fire-arm injuries; (d) In the aforesaid circumstances, detention period of 2 years and 4 months is not a prolonged detention even though charges are still not framed, considering that separate trial of co-accused have already been concluded. "

3. Applicant has again approached this Court by way of filing present bail application seeking enlargement on bail in Case Crime No. 127 of 2004, under Sections 147, 148, 149, 302, 394 IPC and 7 Criminal Law Amendment Act, Police Station Deogaon, District Azamgarh.

4. This Court has passed the following order on

17.03.2025 :-

Legal Reasoning

" 1. Sri Saroj Kumar Dubey, learned counsel for the applicant refers paragraph 24 of this application that the applicant is suffering from serious ailment and in support of it, refers medical reports submitted by the Jail Superintendent before the Trial Court.

2. In the aforesaid circumstances before going into the merits of the case, let Chief Medical Officer, Azamgarh examine the applicant and submit a report and for that concerned Superintendent of Jail will make requisite arrangement.

3. List this matter on 07.04.2025 along with the report.

4. Registrar (Compliance) to take steps."

5. In pursuance of above order, the report dated

04.04.2025 is submitted wherein a medical report of Chief Superintendent Divisional Government, Hospital, Azamgarh is placed on record. The applicant is suffering from paralysis of left portion of his body and also suffering from high blood pressure. Earlier a status report was submitted that since some of the co-accused have filed an application under Section 482 Cr.P.C. to challenge the rejection of respected application to discharge, the trial has not proceeded.

6. Learned counsel for the applicant inform the Court that said challenge is now being rejected by a Co-ordinate Bench vide order dated 13.02.2025 in application U/s 482 Cr.P.C. No. 40790 of 2024. It is not in dispute that the applicant remained absconding for 18 years. So far as trial of other co-accused was concerned they have convicted and the present trial quo to the applicant and two others, who have already been granted bail by this Court vide orders dated 06.02.2023 and 04.04.2023, is still pending.

7. Learned A.G.A. for State has opposed the bail.

8. I have considered the above submission and taking note of above referred facts that first bail application was rejected on 05.04.2024 i.e. about a year above. As referred above, the trial Court has not proceeded since there was a challenge by other co-accused to their rejection of discharge application and now said legal impediment is removed as their application was rejected and therefore, the trial can now proceed further.

9. In the above background, the Court take note that the medical report of the applicant i.e. he is suffering from paralysis from his left side of his body and having high blood pressure. The Court takes further note of that the now the applicant is in jail for more than three years and therefore, on basis of his medical report and that other co- accused have already bail out, therefore, taking note of period of detention, applicant has also made out a case for bail.

10. It is directed that applicant will submit his medical report after every two months and shall appear on each date and will not take any adjournment or exemption for appearance. This direction will also govern the other co- accused, who were granted bail having similar condition by Coordinate Bench.

11. Accordingly, bail application is allowed.

12. Trial Court will take all endeavour to expedite the trial.

13. Let the applicant- Ram Janam, 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 concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment.

14. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

15. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. Order Date :- 7.4.2025 RKM RAJESH KUMAR MAURYA High Court of Judicature at Allahabad