Second bail application under Sections 302, 201, 34 IPC for murder. Court held continued incarceration would impair the accused's ability to frame an effective defence at trial and granted bail with conditions on conduct and appearance.
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Neutral Citation No. - 2025:AHC:61815
Court No. - 5
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10019 of 2025
Applicant :- Mukesh Opposite Party :- State of U.P. Counsel for Applicant :- Tripurari Pal Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Matter is taken up in the revised call.
This is the second bail application.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 142 of 2024 at Police Station Dataganj, District Budaun under Sections 302, 201, 34 IPC. The applicant is in jail since 31.03.2024. The first bail application of the applicant was rejected by this Court on 08.11.2024.
The following arguments made by Shri Tripurari Pal, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Suchit Tandon, learned AGA from the record, entitle the applicant for grant of bail:
the trial proceedings.
"Nature and gravity of the offence is certainly liable to be considered by the court while considering grant of bail. The Court has also to factor the likelihood of whether the accused committed the offence while deciding a bail application. The court also has to determine in the facts of the case whether the accused needs to be set at liberty to frame his defence and gather evidence to refute the prosecution case and establish his innocence. The bail court has to examine whether continued incarceration would disable the accused from tendering an effective defence of his case. This is a
demand of processual fairness in criminal jurisprudence.
Setting an accused at liberty at large on this ground cannot be applied mechanically in all cases. The issue has to be considered in the facts and circumstances of each case while doing so. All relevant facts including the evidences in the record, the conduct of the accused during the investigation as well as trial have to be adverted to before a decision is made in this regard."
In wake of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant - Mukesh be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023) .
The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant.
It is further directed that in case the applicant does not cooperate in the trial or adopt dilatory tactics, the learned trial court shall record a finding to this effect and cancel the bail without recourse to this Court.
Order Date :- 23.4.2025 Jaswant
Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant should be enlarged on bail in a murder case at the Section 313 Cr.P.C. stage to enable preparation of his defence.
Colour shows how this judgement treated each authority
Prabhat Gangwar v. State of U.P.Applied¶20
Prabhat Gangwar v. State of U.P. (Criminal Misc. Bail Application No.2586 of 2023)
Arvind Singh v. State of U.P.Referred
Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023)
2 provisions across 2 enactments
Mukesh
State of U.P.
Ajay Bhanot
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
Ajay Bhanot
Parties & counsel
