Allowed

Ajay Rao v. State of U.P.

Allahabad HC28 Aug 2023BAIL/24553/2023

Case brief

AI extract

What is this about?

Bench allowed a second bail application in a criminal case involving offences under IPC. The court held that prolonged incarceration incapacitated the applicant from tendering effective defence, especially as the trial was at the stage of defence evidence and witnesses had been examined.

What did the court decide?

Applicant Ajay Rao released on bail on personal bond and two sureties with standard conditions including cooperation with trial proceedings.

Ajay Rao Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:172899

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24553 of 2023

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Applicant :- Ajay Rao Opposite Party :- State of U.P. Counsel for Applicant :- Anil Babu Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the second bail application the applicant has prayed to be enlarged on bail in Case Crime No.836 of 2022 at Police Station-Shikohabad, District-Firozabad under Sections 420, 467, 468, 471, 272 IPC. The applicant is in jail since 23.10.2022.

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The first bail application of the applicant was rejected by this Court on 13.02.2023.

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The following arguments made by Shri Anil Babu, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

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The applicant is a law abiding citizen who cooperated in the investigation and has joined the trial proceedings. He did not influence any witness or tamper with the evidence.

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The status report sent by the learned trial court records that all the materials witnesses have been examined.

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The applicant wishes to gather evidence and tender his defence to absolve himself of the charges. The trial is at

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the stage of defence evidence.

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Prolonged incarceration has incapacitated the applicant from tendering an effective defence of his case to refute the prosecution case and establish his innocence.

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The trial is moving at a snail's pace and shows no signs of an early conclusion.

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Inordinate delay in concluding trial has lead to an indefinite detention of the applicant without any evidence to implicate him in the offence. Right of the applicant to a speedy trial has been violated.

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

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The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Ajay Rao 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

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be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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

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In case the trial court finds that the applicant does not cooperate in the trial seeking unnecessary adjournment or creating any other impediment which delays the trial proceedings, the court may proceed to cancel the bail granted to the applicant without recourse to this Court. Order Date :- 28.8.2023 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Ajay Rao v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ajay Rao v. State of U.P.

Case brief

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