High Court allowed bail to the applicant after finding a prima facie violation of Article 21 due to seven years of pre-trial detention.
Released on bail by furnishing personal bonds and two reliable sureties.
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Neutral Citation No. - 2024:AHC-LKO:64845
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10395 of 2023
Applicant :- Vikram Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Counsel for Applicant :- Maharaj Baksh Singh Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
2 . This is the second bail application. The first bail application filed on behalf of the applicant was rejected vide order dated 23.11.2022 mainly noticing a long criminal history of the applicant.
3 . The counsel for the applicant argues that in terms of the FIR, allegations were leveled that two persons including the applicant had shot the victim, as a result whereof he suffered gun shot injuries and died even before he could be taken to the hospital. The submission of the counsel for the applicant is that as per the post mortem report, there is a presence of one gun shot entry and exit wound and nothing has come on record so far to suggest that the deceased had died on account of the fire shot injury inflicted by the applicant. He further argued that the co-accused against whom similar allegations were leveled was enlarged on bail vide order dated 17.06.2021 and the applicant is languishing in jail since 19.12.2017.
4 . In view of the prolong pre trial detention, this Court had called for status report, which has been filed, in which it has been stated that the fact witnesses have already been recorded and the informal witnesses are to be examined and the informal witnesses could not be present because
of the election duties. In the light of the said, the counsel for the applicant argues that the applicant has suffered pre trial detention of almost seven years and considering the said report, there is no likelihood of the trial being concluded in the near future. As regards the criminal history as pointed out by the learned A.G.A., which comprises of as many as 45 cases, the list has been filed along with the annexure no. 6 to the supplementary afÏdavit filed by the counsel for the applicant, which includes the cases of the year 2002 up to the year 2017, although the criminal history of the applicant is substantial, however, this Court cannot ignore the fact that the applicant has suffered pre trial detention of seven years and the trial is getting delayed only because of the informal witnesses not coming forward.
5. Learned A.G.A. opposed the bail prayer.
6. Considering the pre trial detention of seven years and the finding the same to be prima facie violative of Article 21 of the Constitution of India coupled with the fact that the co-accused has been enlarged on bail, the applicant is enlarged on bail. Accordingly, the bail application is allowed .
7. Let the applicant Vikram Singh be released on bail in FIR/ Case Crime No. 1030 of 2017, under Sections 302, 307, 504, 467, 468, 471 IPC, Police Station Hazaratganj, District Lucknow, on his furnishing personal bonds and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the Court or to any police ofÏcer or tamper with the evidence.
8 . It is, however, directed that the trial Court shall endeavour to record the testimony of the formal witnesses without giving any unnecessary adjournments to either of the party preferably within period of four months from today.
9 . The Commissioner of Police, Lucknow is directed to ensure that the formal witnesses do not take any adjournment and are presented for recording of their testimonies.
10 . The trial Court shall also endeavour to conclude the trial with all expedition.
11 . In case, the applicant does not cooperate with the trial, the State would be at liberty to move a bail cancellation application.
12 . Let a copy of this order be sent to the concerned trial Court as well as the Commissioner of Police, Lucknow to ensure the compliance as directed above.
Order Date :- 19.9.2024 Arun
Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant be granted bail after prolonged pre-trial detention and considering the criminal history.
Whether the prima facie violation of Article 21 due to seven years of detention justifies bail.
Vikram Singh
State Of U.P. Thru. Prin. Secy. Home
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
