Allowed

Bramha v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Civil Sectt. Lko.

Allahabad HC5 Feb 2024BAIL/1268/2024

Case brief

AI extract

What is this about?

Single Judge allowed bail to a 70-year-old applicant held in custody since 2013 for over 10 years, citing disproportionate incarceration, trial delay despite 2018 expedited directions, and bail granted to co-accused.

What did the court decide?

Released on bail with personal bond and two sureties of equal amount subject to conditions of appearance and non-interference.

Bramha vs State of U.P. Thru. Its Prin. Secy. Home Deptt… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:10503

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1268 of 2024

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Applicant :- Bramha Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Civil Sectt. Lko. Counsel for Applicant :- Prem Chandra Chauhan,Ramesh Chandra Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard Shri Kashiram, learned counsel holding brief of shri Prem Chandra Chauhan, learned counsel for the applicant, learned AGA and perused the record.

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2. The applicant seeks enlargement on bail in FIR No.446 of 2013, under Section 302, 120B, 109, 34 IPC, P.S. Kachhauna, District Hardoi.

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3. In terms of the FIR, the applicant continues to be in custody since 02.12.2013. Learned counsel for the applicant relies upon a bail order passed in the case of co-accused wherein the Court had noticed that the applicant had spent almost 10 years in custody. Similarly, while deciding the bail application of the said accused, it was noticed that despite directions for expediting the trial, the trial is still pending and the co-accused have been enlarged on bail.

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4. Learned AGA has opposed the bail application.

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5. Considering the fact that the applicant is in custody since 02.12.2013 and is aged about 70 years and despite there being directions for expeditious disposal in the year 2018 itself, the trial has not come to an end, as such, considering the period of incarceration suffered by the applicant for more than 10 years coupled with the age of the applicant i.e. 70 years and the fact that the co-accused have been enlarged on bail, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

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6. Let the applicant Bramha be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the

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hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(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 officer or tamper with the evidence.

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Order Date :- 5.2.2024 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Bramha v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Civil Sectt. Lko.

Case brief

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Bramha v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Civil Sectt. Lko.

Case brief

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What the court decided

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