The High Court allowed bail to an under-trial accused in a murder case, distinguishing earlier precedents and citing overcrowding and the right to speedy trial under Article 21, without expressing an opinion on merits.
Bail granted on personal bond and two sureties subject to verified conditions.
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:202407
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44284 of 2023
Applicant :- Rishipal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey,Pratima Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Rishipal Singh, with a prayer to release him on bail in Case Crime No. 332 of 2023, under Sections 302,201/34,120-B IPC Police Station Haldaur, District- Bijnor, during pendency of trial.
There is allegation against the named accused, Golu @ Farman, of committing offence of murder of the deceased.Learned counsel for the applicant has submitted that in the statement under section 161 Cr.P.c. of son of the deceased, Vipin Kumar, he has stated that deceased was his father and he has four sisters and Reena is his wife.His younger brother is Vikul and his wife is Roopal, who is working at Uttrakhand and Vikul is residing at Saudi Arabia.The deceased had willed all his property in the names of his sisters, Mamta alias Guddi and Antim and has diverted him from his property. Deceased had sold four Bighas of land for Rs. 18 lacs. He had willed four Bighas of land in the name of his wife, Reena.The wife of his younger brother, Roopal had disputed the same. Deceased had given Rs. 9 lacs to co-accused, Golu @ Farman on interest Rs. 6 lacs to Jonny and deceased spent Rs. 3 lacs in the marriage of daughter of his daughter, Guddi alias Mamta. Deceased had taken his nephew, Dixit, aged about 13 years to his house and he willed four Bighas of land in his name. The same was disputed by his brother-in-law, Rishipal and son of the deceased expressed apprehension that Golu @ Farman and Jonhy had murdered the deceased. Learned counsel
for the applicant has submitted that applicant has been falsely implicated in this case. Deceased had willed four Bighas of land in favour of his son why would the applicant kill him is not explained. The applicant is in jail since 13.8.2023 and has no criminal history.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the 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 trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 ; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed
Let the applicant 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 18.10.2023 Atul kr. sri.
Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in a murder case considering overcrowding and uncertainty of trial conclusion.
Whether the nature of the offence, evidence, and complicity of the accused warrant prospective non-bail.
Whether the delay in trial and fundamental right to speedy trial justify release on bail.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. C.B.I.Distinguished¶11
Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021
2 provisions across 2 enactments
Rishipal Singh
Siddharth
Atul Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
