Allowed

Attu@ Sultan v. State of U.P.

Allahabad HC11 Nov 2022BAIL/36741/2021

Case brief

AI extract

What is this about?

In a second bail application, the Court granted bail to the applicant in a crime under Sections 307 IPC and 3(1) SC/ST Act. The release was justified due to the trial's stagnation for over six years despite expedited directions from a previous order.

What did the court decide?

Applicant released on bail with personal bond and two sureties subject to conditions of not tampering with evidence or witnesses and appearing in court.

Attu@ Sultan Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. 2nd BAIL APPLICATION No. - 36741 of 2021

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Applicant :- Attu@ Sultan Opposite Party :- State of U.P. Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri J.B. Singh, the learned counsel for the applicant, Sri D.K. Srivastava, the learned A.G.A. for the State and perused the record.

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2.This is the second bail application seeking release of applicant on bail in Case Crime No.20 of 2015, under Section 307 I.P.C. and Section 3(1) SC/ST Act, P.S. Dankaur, District Gautam Budh Nagar. The first bail application has been rejected by means of an order dated 26.5.2016 passed by this Court in Criminal Misc. Bail Application No.5833 of 2016.

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3.Rejecting the first bail application of the applicant, this Court had directed that trial of the case be concluded as expeditiously as possible if possible within a period of one year on day to day basis strictly in accordance with Section 309 Cr.P.C. However, although a period of more than six years has elapsed since rejection of the said bail application, the trial is still pending.

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4.In paragraph no.18 of the affidavit filed in support of the bail application it has been stated that the examination in chief of the PW-4 was recorded by the trial court on 27.11.2018 and since then the case has not been proceeded with any further.

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5.Having considered the aforesaid facts and submissions and keeping in view the fact that while rejecting the first bail application of the applicant specific direction has been given to the trial court to proceed with the trial expeditiously keeping in view the provisions of Section 309 Cr.P.C. but the trial has not been concluded till date and since the examination of PW-4 was held on 27.11.2018, the case has not been proceeded with any further, I am of the view that the continue incarceration of the applicant without conclusion of his trial is not at all justified. Accordingly, the bail application is accordingly allowed .

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6.Let the applicant - Attu @ Sultan be released on bail in Case Crime No.20 of 2015, under Section 307 I.P.C. and Section 3(1) SC/ST Act, P.S. Dankaur, District Gautam Budh Nagar on his

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furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) 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 to any police officer or tamper with the evidence.

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7.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.

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Order Date :- 11.11.2022 Deepika

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Digitally signed by DEEPIKA SINGH Date: 2022.11.15 18:36:11 IST Reason: Location: High Court of Judicature at Allahabad

Attu@ Sultan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Attu@ Sultan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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