The High Court allowed a third bail application filed by an applicant detained since 2014 for offences under Sections 364, 302, and 201 IPC, citing inordinate trial delay and lack of credible evidence as grounds.
The applicant was ordered to be released on bail on sureties already furnished.
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.
Neutral Citation No. - 2023:AHC:172319
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29855 of 2021
Applicant :- Devendra Opposite Party :- State of U.P. Counsel for Applicant :- Ranjeet Asthana,Mohammad Zakir Counsel for Opposite Party :- G.A.,Rajnikant Pandey
Hon'ble Ajay Bhanot,J.
For consideration of the consequences regarding failure of the police authorities to serve summons and execute coercive measures issued by the courts, see Criminal Misc. Bail Application No. 16871 of 2023, (Bhanwar Singh @ Karamvir Vs. State of U.P. ).
This is a third bail application.
By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.41 of 2014 at Police Station-Dankaur, District-Gautam Budh Nagar under Sections 364, 302, 201 IPC. The applicant is in jail since 05.02.2014.
The applicant is on an interim bail granted by this Court on 20.07.2023.
The following arguments made by Shri Ranjeet Asthana, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA for the State from the record, entitle the applicant for grant of bail:
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Devendra be released on bail in the aforesaid case crime number, on the sureties already furnished while being enlarged on interim
bail. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 24.8.2023 Vandit
Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted despite inordinate delay in the trial and failure of police to serve summons.
Whether the applicant, a law-abiding citizen with no criminal history, poses a flight risk.
Whether the violation of the right to a speedy trial entitles the applicant to bail.
Colour shows how this judgement treated each authority
Bhanwar Singh @ Karamvir Vs. State of U.P.Referred¶6
Criminal Misc. Bail Application No. 16871 of 2023, (Bhanwar Singh @ Karamvir Vs. State of U.P.)
Devendra
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajay Bhanot
Parties & counsel
