Sanjay Kumar Giri v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38862 of 2023 Applicant :- Sanjay Kumar Giri Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Sanjay Kumar Mishra, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State.

¶2The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0022 of 2022, under Sections 419, 420, 467, 468, 471 IPC, Police Station Barwapatti, District Kushinagar during pendency of the trial.

¶3Learned counsel for the applicant submitted that this is second bail application filed on behalf of the applicant. The first bail application of the applicant was dismissed by this Court on merit vide order dated 16.01.2023 passed in Criminal Misc. Bail Application No. 51203 of 2022 and he is pressing the instant second bail application on the ground that applicant in the present matter is in jail since 02.02.2022 i.e. for more than one and half years and till date not even single prosecution witness could be examined.

¶4He further submits that charges have been framed against the applicant on 22.03.2022 and since then more than one and half years have been passed but trial of the case could not be concluded, therefore, in view of the provision of Section 437(6) Cr.P.C. applicant is entitled to be released on bail. He further submits that applicant is not having any criminal history.

¶5Per contra, learned AGA although opposed the prayer for bail but could not dispute the fact that applicant is in jail since

02.02.2022 i.e. for more than one and half years and more than one and half years have been passed since framing of charges but till date not even single prosecution witness could be examined. He further submits that applicant is not having any previous criminal history.

¶6I have heard learned counsel for the parties and perused the record of the case.

¶7However, this is second bail application filed on behalf of the applicant and first bail application of the applicant has been dismissed by this Court on merit but it appears that applicant is in jail since 02.02.2022 i.e. for more than one and half years and charges were framed against him on 22.03.2022 i.e. more than one and half years before but till date not even single prosecution witness could be examined.

¶8As per provision of Section 437(6) Cr.P.C any trial triable by the Magistrate if not concluded within sixty days after framing of charges, then accused shall be entitled to be released on bail unless special reason for denial of bail has been recorded by the court concerned. In case at hand, applicant is not having any previous criminal history and on the record there is no special reason on the basis of which, the benefit of provision of Section 437(6) Cr.P.C. may be denied to the applicant.

¶9Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

¶10Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶11Let the applicant -Sanjay Kumar Giri 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.

¶12In 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.

¶13It 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 :- 9.11.2023 AK Pandey High Court of Judicature at Allahabad