Appeal preferred against rejection of bail application. Court invoked right to speedy trial and released appellant personally on additional bail conditions regarding witness tampering.
Appellant released on bail by furnishing personal bond and two sureties subject to specified conditions.
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Neutral Citation No. - 2024:AHC:153513
Court No. - 71
Case :- CRIMINAL APPEAL No. - 4165 of 2024
Appellant :- Manoj Respondent :- State of U.P. and Another Counsel for Appellant :- Rahul Saxena Counsel for Respondent :- G.A.
Hon'ble Mayank Kumar Jain,J.
"15. This Court has clarified in numerous judgments that the liberty guaranteed by Part III of the Constitution would cover within its protective ambit not only due procedure and fairness but
also access to justice and a speedy trial. In Supreme Court Legal Aid Committee v. Union of India SCC para-15 it was held that undertrials cannot indefinitely be detained pending trial. Ideally, no person ought to suffer adverse consequences of his acts unless the same is established before a neutral arbiter. However, owing to the practicalities of real life where to secure an effective trial and to ameliorate the risk to society in case a potential criminal is left at large pending trial, the Courts are tasked with deciding whether an individual ought to be released pending trial or not. Once it is obvious that a timely trial would not be possible and the accused has suffered incarceration for a significant period of time, Courts would ordinarily be obligated to enlarge them on bail."
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). 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 to any police officer or tamper with the evidence.
Order Date :- 20.9.2024 PS
Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the appellant is entitled to be released on bail in the pending prosecution.
Whether the delay in conclusion of the trial warrants grant of bail.
What conditions should be imposed on the release of the appellant on bail.
Colour shows how this judgement treated each authority
Union of India Vs. K.A. NajeebReferred¶11
(2021) 3 SCC 713 · Who else cites this
Supreme Court Legal Aid Committee v. Union of IndiaReferred¶12
Supreme Court Legal Aid Committee v. Union of India SCC
3 provisions across 2 enactments
Manoj
State of U.P.
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
