This court rejected a repeat bail application filed by Raashid in a murder and robbery case. The court held that despite alleged delays in trial, there were no sufficient grounds to enlarge the accused on bail given the nature of the offence. The application was dismissed.
The bail application of the applicant was rejected and the application fails.
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:172157
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31450 of 2023
Applicant :- Raashid Opposite Party :- State of U.P. Counsel for Applicant :- Pushpendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
"Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 320 of 2022, under Sections 302, 394, 411, 34 I.P.C., PS Kotwali Nagar Bulandshahar, District Bulandshahar.
Learned counsel for the applicant submitted that applicant is innocent and he has been falsely implicated in the present case. It is further submitted that applicant is not named in the F.I.R. It is further submitted that during the course of investigation three bundle stolen copper wire from the possession of the applicant and 7 bundle of stolen copper wire have been recovered from the possession of the co-accused Nadeem. It is further submitted that there is no independent witness of the alleged incident. Applicant has no previous criminal history and he is languishing in jail since 24.04.2022. Hence, prayer for bail is made out.
Per contra learned A.G.A. for the State opposed the prayer for bail and submitted that applicant alongwith other co-accused with the intention of robbery of copper wires from a Company caused injury upon the watchman of the said company as a result of which he died. He further submitted that 3 bundle stolen copper wires has been recovered from the possession of the applicant during investigation. Therefore, the applicantaccused is not entitled to be released on bail.
Having considered the submissions raised by the counsel for the applicant-accused and the objections raised by the learned A.G.A. for the State, gravity and severity of the offence and conduct of the applicant-accused, I am of the view that prima facie at this stage grounds are not sufficient to enlarge the applicant-accused on bail.
Accordingly, the bail application of the applicant is hereby rejected.
Considering the facts and circumstances, the court below is directed to expedite the trial and all endeavours be made to conclude the trial without granting unnecessary adjournment to either of the parties.
Order Date :- 9.12.2022 "
6 . Learned counsel for applicant contends that applicant is innocent. He is not named in the F.I.R. Complicity of applicant has emerged in the statement of charge-sheeted co-accused Nadeem wherein he has clearly stated that applicant was also present at the time of occurrence and was doing reconnaissance for the benefit of co accused. He further submits that three bundles of copper wire
were recovered from applicant. Charge - sheet has already been submitted against applicant and co-accused on 12.07.2022. The trial has already commenced by means of Sessions Trial No. 3407 of 2022 (State Vs.Nadeem and others) under Section 302, 394, 411 34 I.P.C. The trial was committed on 11.08.2022. In spite of the fact that a period of one year has expired not even a single witness has been examined upto this stage. He therefore submits that there is delay in conclusion of trial. Applicant cannot be held responsible for the delay in this conclusion of trial. He further submits that since the right of speedy trial is a fundamental right to an accused, therefore applicant is liable to be enlarged on bail. In case applicant is enlarged on bail, he shall not misuse the liabety of bail and shall co-operate with the trial.
of the prosecution in the conclusion of trial but without expressing any opinion on the merits of the case, this court does not find any good ground to enlarge the applicant on bail.
Order Date :- 25.8.2023 YK
Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in a repeat application under Section 302 IPC given the gravity of the offence and procedural delays.
Whether the delay in concluding the trial constitutes a good ground for granting bail.
Whether the fact that the applicant was not named in the FIR and has no criminal history warrants bail.
1 provisions across 1 enactments
Raashid
Rajeev Misra
Yashwant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
