Bail granted to accused in murder attempt case after prosecution evidence concluded; court held continued detention would prejudice defence preparation.
Bail granted to applicant Jakir on furnishing personal bond and two sureties each in like amount, with conditions not to tamper with evidence or influence witnesses and to appear before trial court. ¶21
The applicant Jakir is entitled to bail as continued incarceration would disable him from crafting an effective defence strategy and gathering evidence, the trial is at the stage of Section 313 Cr.P.C./defence evidence with all prosecution witnesses examined, the applicant has no criminal history, is not a flight risk, and has cooperated with investigation; bail is granted on personal bond and two sureties with conditions. ¶21
Neutral Citation No. - 2025:AHC:22264
Court No. - 5
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4782 of 2025 Applicant :- Jakir Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
This is the third bail application.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 0724 of 2023 at Police Station-Khurja Nagar, District-Bulandshahar under Sections 147, 148, 307, 323, 302, 452, 504, 506 I.P.C. The applicant is in jail since 03.09.2023.
The second bail application of the applicant was rejected by this Court on 05.11.2024.
The following arguments made by Sri Rajesh Sharma, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Sri Suchit Tandon, learned A.G.A. from the record, entitle the applicant for grant of bail:
"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- Jakir 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 passed 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.
Order Date :- 17.2.2025 Pravin
Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant Jakir is entitled to bail considering the stage of trial (all prosecution witnesses examined, matter at Section 313 Cr.P.C./defence evidence stage), lack of criminal history, no flight risk, and the principle that continued incarceration may disable the accused from preparing an effective defence.¶8
Colour shows how this judgement treated each authority
Prabhat Gangwar v. State of U.P.Applied¶14
Prabhat Gangwar v. State of U.P. (Criminal Misc. Bail Application No.2586 of 2023)
Arvind Singh v. State of U.P.Referred¶26
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
How this case reached the court
Case Crime No. 0724 of 2023 at Police Station-Khurja Nagar, District-Bulandshahar under Sections 147, 148, 307, 323, 302, 452, 504, 506 I.P.C.; applicant in jail since 03.09.2023¶6
Status report in co-accused Sharukh's bail application (Criminal Misc. Bail Application No. 29367 of 2024) records all prosecution witnesses examined; stage set for Section 313 Cr.P.C./defence evidence¶12
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
