Gokarakonda Naga Saibaba v. State of Maharashtra

Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5038 of 2025 Applicant :- Santosh Kumar @ Santoshi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko Counsel for Applicant :- Firoz Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.

1. Heard Shri Firoz Ahmad Khan, learned counsel for the applicant and Shri Arun Verma, learned A.G.A. for the State.

2. Learned counsel for the applicant has filed rejoinder affidavit, same is taken on record.

3. This is a third bail application, as first bail application bearing No.147 of 2018 and second bail application bearing No.3595 of 2018 has been rejected by Hon'ble Mr. Justice Sanjay Harkauli vide orders dated 09.01.2018 & 06.07.2018 respectively.

4. The present applicant is in jail since 06.07.2016 in Case Crime No.250 of 2016 under Sections 147, 148, 149, 307, 302, 332, 504, 506 IPC, Section 7 of the Criminal Law Amendment Act, Section 3/5/8 of the Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act, Police Station- Inayat Nagar, District- Faizabad/Ayodhya.

5. Learned counsel for the applicant has stated that he shall not address the Court on the merit of the case in third bail application inasmuch as merit of the case has already been addressed while arguing first bail application and second bail application. He would press this bail application only on the ground of long incarceration in jail i.e more than 9 years and there is no likelihood to conclude the trial in near future inasmuch as out of total 18 prosecution witnesses, only 8 prosecution witnesses have been examined as this fact has been verified from the status report which has been filed by the learned trial court. He has further submitted that almost all fact/relevant witnesses have been examined, therefore, he is pressing his third bail application on the another ground though since all fact/relevant witnesses have been examined, if he is releasing on bail, he shall not influence any witness or tampered any evidence. The criminal history of the present applicant has already been explained in para-21 of the rejoinder affidavit.

6. Learned counsel for the applicant has referred the dictum of the Apex Court in re; Gokarakonda Naga Saibaba v. State of Maharashtra, (2018) 12 SCC 505, wherein it has been held that if all fact/ material witnesses have been examined, the bail application of the accused may be considered. Besides, he has relied upon the judgments of the Apex Court in re; Union of India vs. K.A. Najeeb reported in AIR 2021 Supreme Court 712 and Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation passed in Criminal Appeal No. 693 of 2021 (Arising out of SLP (Crl) No.3610 of 2020), wherein the Apex Court has held that if there is no possibility to conclude the trial in near future and the accused applicant is in jail for a substantial period then the period of incarceration may be considered as a fresh ground. Learned counsel has submitted that in the present case, almost all fact/ relevant witnesses have been examined, therefore, the present applicant may be enlarged on bail. He has further submitted that the present applicant undertakes that he shall co-operate in the trial proceedings and shall not misuse the liberty of bail, if so granted by this Court. Further, the applicant shall abide by all terms and conditions of the bail order.

7. Learned AGA has opposed the aforesaid bail application by submitting that the present applicant is a main accused in this case and on account of the act of firing, attributed the present applicant, one police constable died.

8. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; the period of incarceration in jail i.e more than 9 years and there is no likelihood to conclude the trial in near future inasmuch as out of total 18 prosecution witnesses, only 8 prosecution witnesses have been examined, considering the dictum of the Apex Court in re; Gokarakonda Naga Saibaba (supra), K.A. Najeeb (supra) and Paras Ram Vishnoi (supra), considering the period of incarceration of the present applicant and considering the undertaking that applicant shall co-operate in the trial proceedings, shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order, I find it appropriate to release the applicant on bail.

9. Accordingly, the bail application is allowed.

10. Let applicant- (Santosh Kumar @ Santoshi) be released on bail in the aforesaid case crime number on his 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 Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC/269 of the B.N.S., 2023. (iii) 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./84 of B.N.S.S., 2023 is issued and the 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 IPC/208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicants shall not leave the country without prior permission of the Court.

11. Before parting with, learned trial court is directed to expedite the trial invoking the provisions of Section 309 Cr.P.C./346 B.N.S.S. without giving any unnecessary adjournment to any of the parties, fixing short date, if possible, on day to day basis and if any of the parties does not cooperate in the trial court proceedings properly, any appropriate coercive steps may be taken by the trial court strictly in accordance with law. Order Date :- 22.7.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5038 of 2025 Applicant :- Santosh Kumar @ Santoshi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko Counsel for Applicant :- Firoz Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.

1. Heard Shri Firoz Ahmad Khan, learned counsel for the applicant and Shri Arun Verma, learned A.G.A. for the State.

2. Learned counsel for the applicant has filed rejoinder affidavit, same is taken on record.

3. This is a third bail application, as first bail application bearing No.147 of 2018 and second bail application bearing No.3595 of 2018 has been rejected by Hon'ble Mr. Justice Sanjay Harkauli vide orders dated 09.01.2018 & 06.07.2018 respectively.

4. The present applicant is in jail since 06.07.2016 in Case Crime No.250 of 2016 under Sections 147, 148, 149, 307, 302, 332, 504, 506 IPC, Section 7 of the Criminal Law Amendment Act, Section 3/5/8 of the Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act, Police Station- Inayat Nagar, District- Faizabad/Ayodhya.

5. Learned counsel for the applicant has stated that he shall not address the Court on the merit of the case in third bail application inasmuch as merit of the case has already been addressed while arguing first bail application and second bail application. He would press this bail application only on the ground of long incarceration in jail i.e more than 9 years and there is no likelihood to conclude the trial in near future inasmuch as out of total 18 prosecution witnesses, only 8 prosecution witnesses have been examined as this fact has been verified from the status report which has been filed by the learned trial court. He has further submitted that almost all fact/relevant witnesses have been examined, therefore, he is pressing his third bail application on the another ground though since all fact/relevant witnesses have been examined, if he is releasing on bail, he shall not influence any witness or tampered any evidence. The criminal history of the present applicant has already been explained in para-21 of the rejoinder affidavit.

6. Learned counsel for the applicant has referred the dictum of the Apex Court in re; Gokarakonda Naga Saibaba v. State of Maharashtra, (2018) 12 SCC 505, wherein it has been held that if all fact/ material witnesses have been examined, the bail application of the accused may be considered. Besides, he has relied upon the judgments of the Apex Court in re; Union of India vs. K.A. Najeeb reported in AIR 2021 Supreme Court 712 and Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation passed in Criminal Appeal No. 693 of 2021 (Arising out of SLP (Crl) No.3610 of 2020), wherein the Apex Court has held that if there is no possibility to conclude the trial in near future and the accused applicant is in jail for a substantial period then the period of incarceration may be considered as a fresh ground. Learned counsel has submitted that in the present case, almost all fact/ relevant witnesses have been examined, therefore, the present applicant may be enlarged on bail. He has further submitted that the present applicant undertakes that he shall co-operate in the trial proceedings and shall not misuse the liberty of bail, if so granted by this Court. Further, the applicant shall abide by all terms and conditions of the bail order.

7. Learned AGA has opposed the aforesaid bail application by submitting that the present applicant is a main accused in this case and on account of the act of firing, attributed the present applicant, one police constable died.

8. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; the period of incarceration in jail i.e more than 9 years and there is no likelihood to conclude the trial in near future inasmuch as out of total 18 prosecution witnesses, only 8 prosecution witnesses have been examined, considering the dictum of the Apex Court in re; Gokarakonda Naga Saibaba (supra), K.A. Najeeb (supra) and Paras Ram Vishnoi (supra), considering the period of incarceration of the present applicant and considering the undertaking that applicant shall co-operate in the trial proceedings, shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order, I find it appropriate to release the applicant on bail.

9. Accordingly, the bail application is allowed.

10. Let applicant- (Santosh Kumar @ Santoshi) be released on bail in the aforesaid case crime number on his 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 Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC/269 of the B.N.S., 2023. (iii) 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./84 of B.N.S.S., 2023 is issued and the 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 IPC/208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicants shall not leave the country without prior permission of the Court.

11. Before parting with, learned trial court is directed to expedite the trial invoking the provisions of Section 309 Cr.P.C./346 B.N.S.S. without giving any unnecessary adjournment to any of the parties, fixing short date, if possible, on day to day basis and if any of the parties does not cooperate in the trial court proceedings properly, any appropriate coercive steps may be taken by the trial court strictly in accordance with law. Order Date :- 22.7.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench