Allowed

Heera Lal Sharma v. State of U.P.

Allahabad HC21 Aug 2023BAIL/36359/2023

Case brief

AI extract

What is this about?

Hon'ble Siddharth, J. granted bail to the applicant in a criminal case involving serious offences pending for several years. The court emphasized the right to speedy trial and large jail overcrowding, releasing the applicant on a personal bond with strict conditions regarding attendance and witness tampering, while directing the trial court to conclude the trial within six months.

What did the court decide?

The applicant is released on bail on personal bond and two sureties with conditions to avoid tampering and ensure court attendance; trial directed to conclude within six months.

Heera Lal Sharma Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:167459

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36359 of 2023

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Applicant :- Heera Lal Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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List has been revised.

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Certified copy of FIR filed today is taken on record.

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Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Heera Lal Sharma, with a prayer to release him on bail in Case Crime No. 96 of 2014, under Sections 147, 148, 149, 307, 302, 504 IPC and 7 Criminal Law Amendment Act and 30 Arms Act, Police Station Torifatehpur, District- Jhansi, during pendency of trial.

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This is second bail application of the applicant. The first bail application of the applicant was rejected by co-ordinate Bench of this Court on 7.12.2015, which is not available.

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Learned counsel for the applicant has submitted that before the trial court all the witnesses of fact have been examined. Formal witnesses and defence evidence are yet to be examined. Coaccused, Yogesh Sharma, has been enlarged on bail in Criminal Misc. 3rd Bail Application No. 31268 of 2023 on 24.7.2023. The applicant has no criminal history to his credit and is languishing in jail since 5.7.2014. The trial in the aforesaid case is not likely to be concluded in near future.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Regarding long incarceration of under trials prisoners in jail due to delay in conclusion of trial, the Hon'ble Apex Court in re: Union of India vs. K.A. Najeeb reported in AIR 2021 Supreme Court 712 has held in Para 16 of the judgment being reproduced herein below as follows :-

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"This Court has clarified in numerous judgments that the liberty guaranteed by Part III of the Constitution would cover within its protective ambit not only due procedure and fairness but also access to justice and a speedy trial. In Supreme Court Legal Aid

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Committee Representing Undertrial Prisoners v. Union of India, it was held that undertrials cannot indefinitely be detained pending trial. Ideally, no person ought to suffer adverse consequences of his acts unless the same is established before a neutral arbiter. However, owing to the practicalities of real life where to secure an effective trial and to ameliorate the risk to society in case a potential criminal is left at large pending trial, Courts are tasked with deciding whether an individual ought to be released pending trial or not. Once it is obvious that a timely trial would not be possible and the accused has suffered incarceration for a significant period of time, Courts would ordinarily be obligated to enlarge them on bail."

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Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and

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proceed against him in accordance with law.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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The court below is directed to conclude the trial against the applicant, as expeditiously as possible, preferably within six months.

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The Registrar (Compliance) of this Court is directed to communicate this order to the court concerned within 10 days.

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Order Date :- 21.8.2023 Ruchi Agrahari

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Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad

Heera Lal Sharma v. State of U.P.

Case brief

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Heera Lal Sharma v. State of U.P.

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