Nanhey @ Amit Vs State of U.P.

Neutral Citation No. - 2023:AHC:177173

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31874 of 2023

Applicant :- Nanhey @ Amit Opposite Party :- State of U.P. Counsel for Applicant :- Navin Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Matter is called out. None appears for the applicant to press the bail application. The names of the learned counsel for the applicant is shown in the cause list.

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Learned counsel at the Bar has been requested to assist the Court in the matter. This Court in the light of the holding in Maneesh Pathak vs. State of U.P. passed in Criminal Misc. Bail Application No. 18536 of 2020 is not dismissing the case for non prosecution. Learned members at the Bar have volunteered to assist the Court pro bono in the highest tradition of the profession. The Court has appointed learned counsel as amicus curiae.

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By means of the second bail application the applicant has prayed to be enlarged on bail in S.S.T. No. 72 of 2021 arising out of Case Crime No. 138 of 2021 at Police Station- Rajepur, District- Farrukhabad under Sections 302, 201, 120-B and 34 IPC. The applicant is in jail since 27.04.2021.

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The bail application of the applicant was rejected by this Court on 27.07.2022.

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The following arguments made by learned counsel as amicus curiae for the applicant, which could not be satisfactorily refuted by learned AGA 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 investigations and has joined the trial proceedings.

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The applicant has not tampered with the evidence nor has he influenced any witness.

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The status report sent by the learned trial court records that the prosecution proposes to examine 23 witnesses to bring home the charges. Till date only 10 prosecution witnesses have been examined.

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The informant as well as the eye witness have repudiated the prosecution case during the trial. The said witnesses have been declared hostile by the learned trial court. However, the Court does not wish to appraise the evidence at this stage as it may influence the trial.

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The co-accused Smt. Usha Devi who has strong motive to commit the crime has been enlarged on bail by this Court by order dated 05.01.2022 in Criminal Misc. Bail Application No. 35575 of 2021.

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The trial is moving at a snail's pace and shows no signs of an early conclusion. The applicant is not responsible for the delay in the trial.

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Inordinate delay in the trial will lead to indefinite

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detention of the applicant without there being any credible evidence to implicate him in the offence. Right of the applicant to a speedy trial has been violated.

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The records available with the learned A.G.A. disclose that 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- Nanhey @ Amit 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 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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The Court has been informed that the lawyers in districtFarrukhabad are striking work. Liberty of citizens is too

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sacrosanct and cannot be held to ransom by striking lawyers.

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The District Legal Services Authority (DLSA), Farrukhabad shall ensure that appropriate legal aid is made available to the applicant for purposes of submitting sureties and completion of other formalities for being set forth at liberty.

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Registry is directed to send a copy of this order to the District Legal Services Authority (DLSA), Farrukhabad for onward communication to the applicant who is in jail, and for assisting the applicant in all legal formalities for being set forth at liberty as stated above.

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Order Date :- 12.9.2023 Jaswant

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Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad

Nanhey @ Amit v. State of U.P.

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Nanhey @ Amit v. State of U.P.

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