Anil Singh Vs State of U.P. — Allahabad HC (2026) — LawSathi Research

Anil Singh Vs State of U.P. — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Second bail application dismissed; bail refused. However, the Court directed: (i) the learned District Judge to inquire into the prima facie disobedience of this Court's directions dated 01.07.2024 by the trial court and the cause of delay in concluding the trial; (ii) that the trial court may record a finding and cancel the bail of accused persons who fail to cooperate or adopt dilatory tactics, without recourse to this Court; and (iii) the Registrar (Compliance) to communicate a copy of the order to the learned trial judge through the learned District Judge, Mau by Email.

Issue for consideration

Whether the applicant, in his second bail application in S.T. No. 1322 of 2023 (Case Crime No. 0256 of 2023), should be enlarged on bail notwithstanding rejection of his first bail application. +1 more

Court's answer

Reliance on the bail granted to co-accused Suraj Singh is misconceived, as the order granting bail to Suraj Singh records that the applicant's role is distinguishable because he is a repeat offender; there is every possibility of influencing the witnesses and no fresh ground for bail is made out.

Ratio / Principle

The bail application is dismissed without going into the merits of the case.

Key takeaways

Prima facie, the directions of this Court dated 01.07.2024 have not been complied with by the learned trial court; such disobedience of orders of this Court strikes directly at the root of the rule of law.ratio¶19
The learned District Judge is directed to look into the prima facie disobedience of this Court's directions by the trial court and the cause for the delay in concluding the trial.ratio¶20
If accused persons enlarged on bail do not cooperate in the trial or adopt dilatory tactics, the learned trial court shall record a finding to that effect and cancel the bail without recourse to this Court.

Detailed headnote1 paragraphs

Bail — second bail application under Sections 147, 148, 149, 307, 302, 120B IPC, Section 7 Criminal Law Amendment Act and Section 3/25 Arms Act (Case Crime No. 0256 of 2023, P.S. Sarai Lakhansi, District Mau) — first bail application already rejected on 01.07.2024 — reliance on bail granted to co-accused Suraj Singh held misconceived, the said order itself recording that the applicant's role is distinguishable as he is a repeat offender with possibility of influencing witnesses — no fresh ground for bail made out — application dismissed without entering into merits. Compliance/speedy trial — counsel contended that directions issued by the Court on 01.07.2024 in Criminal Misc. Bail Application No. 23091 of 2024 were not complied with by the trial court; status report showed only 4 of 18 proposed prosecution witnesses examined, eye witnesses yet to be examined — Court found prima facie non-compliance, observing that disobedience of its orders by the trial court strikes at the root of the rule of law — District Judge directed to inquire into the disobedience and the cause of delay — trial court empowered to cancel bail of accused who do not cooperate or adopt dilatory tactics, without recourse to the High Court — copy of order to be communicated to the trial judge through the District Judge, Mau by the Registrar (Compliance) by Email.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 28985 of 2025

Anil Singh

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s) Counsel for Applicant(s) : Indresh Kumar Singh, Kavita Aman, Manoj Kumar Yadav, Mohit Behari Mathur, Shivam Yadav Counsel for Opposite Party(s) : G.A. Court No. - 49

HON'BLE AJAY BHANOT, J.

This is the second bail application.

By means of this bail application the applicant has prayed to be enlarged on bail in S.T. No. 1322 of 2023, Case Crime No. 0256 of 2023, under Sections 147, 148, 149, 307, 302, 120B I.P.C. and 7 Criminal Law Amendment Act and Section 3/25 Arms Act at Police Station-Sarai Lakhansi, District-Mau. The applicant is in jail since 27.07.2023.

The first bail application of the applicant was rejected by this Court on 01.07.2024.

Reliance on the bail application of co-accused Suraj Singh is misconceived, inasmuch as, the order of granting bail to Suraj Singh clearly records that the role of applicant is distinguishable for the reason that the applicant in the instant case is a repeat offender. There is every possibility of influencing the witnesses. At this stage, no fresh ground for bail is made out.

Without going into the merits of the case, the bail application is dismissed.

However, learned counsel for the petitioner contends that the directions issued by this Court on 01.07.2024 in Criminal Misc. Bail Application No. 23091 of 2024 have not been complied

BAIL No. 28985 of 2025

2

with by the learned trial court. The trial is moving at a snail's pace and shows no sign of early conclusion. The applicant is not responsible for the delay in the trial proceedings. The prosecution is deliberately delaying the conduct of the trial to prolong the incarceration of the applicant. Inordinate delay in concluding trial will lead to an indefinite detention of the applicant. The right of the applicant to speedy trial has been violated.

The status report sent by the learned trial court discloses that the prosecution proposes to examine 18 prosecution witnesses to bring home the charges. However, till date only 4 witnesses have been examined. The eye witnesses are yet to be examined.

Prima facie, it appears that the directions of this Court have not been complied with and this is a rather distressing state of affairs. Disobedience of orders of this Court by the learned trial court strikes directly at the root of the rule of law.

Learned District Judge shall look into the matter regarding prima facie disobedience of the aforesaid directions of this Court by the learned trial court and the cause for the delay in concluding the trial.

It is further directed that in case the accused persons who have been enlarged on bail do not cooperate in the trial or adopts dilatory tactics, the learned trial court shall record a finding to this effect and cancel the bail without recourse to this Court.

A copy of this order be communicated to the learned trial judge through the learned District Judge, Mau by the Registrar (Compliance) by Email.

(Ajay Bhanot,J.)

March 19, 2026 Nisha

Digitally signed by :- nisha kumari High Court of Judicature at Allahabad