Single-judge Criminal Misc. Bail Application allowed to the applicant despite absence due to strike, appointing amicus curiae and directing Legal Services Authority to assist with bail formalities.
Applicant released on bail on personal bond and two sureties; DLSA directed to assist with formalities.
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:187924
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57691 of 2019
Applicant :- Bale @ Balwant Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Yadav,Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
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.
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. The Court has appointed Shri Abhishek Chauhan, learned counsel as amicus curiae on behalf of the applicant and serve to cause of justice.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 257 of 2016 at Police Station- Nizamabad, District- Azamgarh, under Sections 302, 452, 120B IPC. The applicant is in jail since 02.01.2017.
The bail application of the applicant was rejected by the learned trial court on 11.09.2018.
The following arguments made by Shri Abhishek
Chauhan, learned counsel as amicus curiae on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I 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- Bale @ Balwant Yadav 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:-
(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.
The Court has been informed that the lawyers in districtAzamgarh are striking work. Liberty of citizens is too sacrosanct and cannot be held to ransom by striking lawyers.
The District Legal Services Authority (DLSA), Azamgarh
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.
Registry is directed to send a copy of this order to the District Legal Services Authority (DLSA), Azamgarh for onward communication to the applicant who is in jail, and for assisting the applicant in the manner stated above.
The Court appreciates the assistance rendered by Shri Abhishek Chauhan, Amicus Curiae. High Court Legal Services Authority may kindly make the fee payment to Shri Abhishek Chauhan, Advocate on the approved remuneration who represented the applicant as Amicus Curiae before this Court.
Hindi translation of the order shall be provided to the accused in jail.
Order Date :- 27.9.2023 Jaswant
Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to the applicant in view of inordinate delay and lack of evidence to implicate him.
Whether the applicant can be kept in jail indefinitely without examining witnesses.
How to facilitate bail formalities given the ongoing lawyer strike in the district.
Colour shows how this judgement treated each authority
Maneesh Pathak vs. State of U.P. passed in Criminal Misc. Bail Application No. 18536 of 2020Referred¶7
Bale @ Balwant Yadav
Aswini KumarUpadhyaya
Ajay KumarSinha
Jitendra KumarSharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
