Allowed

Abhishek Patel v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Allahabad HC9 Aug 2024BAIL/8379/2024

Case brief

AI extract

What is this about?

Second bail application for an undertrial in an attempt-to-murder case, jailed over two years and three months with the case not yet committed to sessions and co-accused already bailed. The court held continued detention unjustified given no progress in trial and allowed bail subject to conditions.

What did the court decide?

Applicant Abhishek Patel released on bail on furnishing personal bond and two sureties, with conditions not to tamper with evidence, not pressure witnesses, and to appear on all dates fixed.

Abhishek Patel vs State of U.P. Thru. Addl. Chief Secy… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:71808

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Court No. - 29

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8379 of 2024

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Applicant :- Abhishek Patel Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Ram Chandra Verma,Devesh Kumar Verma,Vandana Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Ram Chandra Verma, learned counsel for the applicant and Sri Pradeep Kumar Yadav, learned counsel for the respondent and perused the records.

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The instant second application for bail has been filed seeking release of the applicant on bail in Case Crime No. 377 of 2022, under Section 307, I.P.C., registered at Police Station Unchahar, District Raebareli.

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The first bail application No. 326 of 2023 was rejected by a Coordinate Bench by means of an order dated 05.01.2024. This second application has been moved on the ground that the applicant is languishing in jail since 01.07.2022 and in spite of lapse of a period of more than two years and 3 months, the case has not even been committed to the Court of Sessions. It has further been stated by the learned counsel in para-17 of the affidavit filed in support of the bail application that both the coaccused persons have been granted bail by means of orders dated 07.09.2022 and 18.09.2023.

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The State has filed a counter-affidavit and this fact has not been disputed therein.

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The purpose of keeping an undertrial in custody is to ensure his availability to face the trial. When the trial has yet not commenced in spite of the applicant having already spent more than two years and 3 months in jail, the purpose of keeping him in custody is not being achieved. In these circumstances, continued detention of the applicant, without any progress in trial, is not justified. Without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this second applicant for bail is allowed .

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Let the applicant- Abhishek Patel be released on bail in the

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aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

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(Subhash Vidyarthi, J.)

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Order Date :- 23.10.2024 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Abhishek Patel v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Case brief

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Abhishek Patel v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Case brief

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