The High Court allowed a bail application, directing the release of the applicant on personal bond and sureties, citing the delay in trial and failure of prosecution to produce witnesses despite summons.
Release on bail with personal bond and two sureties; trial court directed to conclude trial expeditiously.
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. - 2024:AHC-LKO:56348
Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3507 of 2022
Applicant :- Sher Singh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Counsel for Applicant :- Shesh Narain Pandey,Kaustubh Singh,Pradeep Tiwari,Rakesh Kumar Singh,Shameem Jahan,Vyas Narayan Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
applicant, learned A.G.A. and going through the contents of the bail application, F.I.R. as well as other relevant documents; it is evident that the applicant is in jail since 27.03.2021, but till today only two witnesses have been examined and crossexamination of P.W.-1 is still going on, who is not appearing for the same despite repeated summons have been issued to her. Therefore, the applicant is entitled for bail.
The bail application is allowed .
(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(ii) 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 officer or tamper with the evidence.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.
(v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails 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 IPC.
(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 proceed against him in accordance with law.
Order Date :- 14.8.2024 Arpan
Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail given the delay in cross-examination of a witness and incomplete trial.
Whether the applicant can be released on bail despite being implicated in offenses including murder.
5 provisions across 5 enactments
Sher Singh Yadav
State Of U.P.
Rajeev Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
