Layak Singh v. State of U.P.
Case brief
What is this about?
The Single Judge rejected a bail application but directed the trial court to decide the pending case expeditiously within six months, citing delays in trial and violating Article 21.
What did the court decide?
Bail application rejected; trial directed to be concluded within six months.
What the court decided
A compact analysis
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. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2087 of 2020
Applicant :- Layak Singh Opposite Party :- State of U.P. Counsel for Applicant :- Apul Misra,Ashutosh Upadhyay Counsel for Opposite Party :- Vinay Kumar Pathak,Manoj Pathak,Vinay Kumar Pathak
Hon'ble Krishan Pahal,J.
- List has been revised.
- Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Ashutosh Upadhyay, learned counsel for applicant and Sri Manoj Pathak, learned counsel for the informant as well as Sri R.P. Patel, learned A.G.A. for the State.
- The present bail application has been filed by the applicant in Case Crime No.405 of 2014 (Sessions Trial No.677 of 2015), under Sections 302/174A I.P.C., Police Station Gunnaur, District Sambhal with the prayer to enlarge him on bail.
- This is the fourth bail application on behalf of the applicant although no new ground for bail could be taken up except the period of incarceration and also the fact that the third bail application of the applicant was rejected by this Court vide order dated 1.5.2019 whereby the trial court was required to conclude the trial and pronounce the judgment within a period of six months. Learned Senior Counsel appearing for the applicant has stated that the certified copy of the order was served in the court on 1.6.2019 as such the period has itself expired on 30.11.2019. Learned Senior Counsel has stated that the fundamental rights of the applicant enshrined under Article 21 of the Constitution of India stand violated in view of him being incarcerated in jail since 18.11.2015 i.e. about eight years.
Issues for consideration
3 issues framed by the court
Whether bail should be granted considering the applicant's extensive criminal history including prior murder convictions.
Whether the prolonged incarceration violates the applicant's fundamental rights under Article 21 requiring speedy trial.
Whether the delay in the trial justifies granting bail or directing speedy disposal.
Parties & counsel
- applicant
Layak Singh
Coram
Krishan Pahal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/2087/2020
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