Acting as a Court session and considering previous bail rejections and delays in the trial, the judge allowed bail to the applicant involved in a murder case pending since 2013.
Bail granted with personal bond and two sureties subject to conditions regarding trial attendance and cooperation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12193 of 2021
Applicant :- Girendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Shri Anil Kumar, learned counsel for the applicant and learned A.G.A. appearing for the State.
This is the third bail application moved on behalf of the applicant. Learned counsel for the applicant submits that the first bail application was rejected by order dated 06.07.2018 passed by Co-ordinate Bench of this Court with specific direction to conclude the trial within two months from the date of production of certified copy of the order. The second bail was rejected by order dated 18.10.2019 with direction to the Trial Court to conclude the trial within a period of six weeks, however till date the trial could not be concluded and the applicant is languishing in jail since 20.04.2013. It has further been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is not named in the First Information Report. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation, stage of trial and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Let the applicant Girendra Singh involved in Case Crime No.137/2005 under Section 302, 201, 404 IPC Police Station
Sikandrarau, District Hathras be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
(i) The applicant shall file an undertaking to the effect that he 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 of the Indian Penal Code.
(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. 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 of the Indian Penal Code.
(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. 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.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 18.10.2022 A. Pandey
Digitally signed by ANAND PANDEY Date: 2022.10.19 16:01:47 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail given the nature of accusation, stage of trial, and severity of punishment.
Whether false implication and lack of FIR naming the applicant justify bail release.
4 provisions across 2 enactments
Girendra Singh
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
