Surya Bhan Yadav v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18560 of 2023 Applicant :- Surya Bhan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Kumar Rai,Devendra Yadav,Raghvendra Prakash Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. The affidavit is returned to the learned AGA and it shall be ensured by the police authorities that the obscene photographs are not obtained by anyone or circulated in any manner. 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. 103 of 2022 at Police Station-Rani Ki Sarai, District-Azamgarh under Sections 306, 376, 328, 120-B IPC and Section 67-A of Information Technology (Amendment) Act. The applicant is in jail since

08.04.2022. The first bail application of the applicant was rejected by this Court on 22.12.2022. The following arguments made by Shri Devendra Yadav, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

¶1The applicant is a law abiding citizen who cooperated with the police investigations and had joined the trial.

¶2The trial is moving at a snail's pace and shows no signs of an early conclusion. The applicant is not responsible for the delay in the trial proceedings.

¶3Inordinate delay in concluding trial has lead to an indefinite detention of the applicant without there being any credible evidence to implicate him in the offence. Right of the applicant to a speedy trial has been violated.

¶4It has been informed that the trial has concluded. The prosecution has tendered its evidence before the trial court. The statement of the accused under Section 313 Cr.P.C. has been recorded.

¶5Continued incarceration of the applicant will disable him from framing an effective defence strategy, gathering evidence in his support thereof and tendering the same before the learned trial court to absolve himself.

¶6The 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 his influencing witnesses, tampering with the evidence or reoffending. 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." Considering the aforesaid parameters in light of the above facts of this case, I am of the opinion that the applicant is entitled for bail. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Surya Bhan 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. This bail has been granted to the applicant to gather evidence and to tender it before the trial court. In case the applicant starts impeding the process of trial, the learned trial court shall records its finding to that effect and cancel the bail of the applicant without recourse to this Court. Learned trial court is directed to conclude the trial and render its judgment expeditiously and preferably within a period of three months. Order Date :- 16.10.2023 Vandit High Court of Judicature at Allahabad