Muslim v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10913 of 2020 Applicant :- Muslim Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Gupta,Awadh Behari Singh Counsel for Opposite Party :- G.A.,Ajay Kumar Srivastava Hon'ble Ajay Bhanot,J. By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 90 of 2019 (Sessions Trial No. 355 of 2019) at Police Station-Islam Nagar, District-Budaun under Sections 498-A, 304-B, 202, 201 I.P.C. and Section 3/4 D.P. Act. The applicant is in jail since 19.04.2019. The bail application of the applicant was rejected by the learned trial court on 26.10.2019 and 03.02.2020. The following arguments made by Shri Awadh Behari Singh, learned counsel assisted by Shri Ritesh Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Rishi Chaddha, learned AGA from the record, entitle the applicant for grant of bail:

¶1The applicant and his family members have been falsely implicated.

¶2The applicant is a law abiding citizen who cooperated with the police investigations and had joined the trial.

¶3The trial is moving at a snail's pace and is not likely to conclude anytime in the near future. The applicant is not responsible for the delay in the trial.

4.The applicant never influenced witnesses and tampered with the evidence.

¶5Inordinate delay in concluding trial had has led to virtually an indefinite imprisonment of the applicant without there being any credible evidence to implicate him in the offence and violates the rights of the applicant to speedy trial.

¶6Continued 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.

¶7The applicant does not have any criminal history apart from this case.

¶8The 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.

¶9This 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 wake of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Muslim 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. Order Date :- 17.10.2023 Jaswant High Court of Judicature at Allahabad