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2016 Supreme(SC) 1481
SUPREME COURT OF INDIA
R.K. AGRAWAL, ASHOK BHUSHAN, JJ.
Vivek Giri - Appellant
Versus
State of Uttar Pradesh - Respondent
Criminal Appeal No. 928 of 2016 (arising out of SLP (Crl.) No. 6622 of 2016)
Decided On : 29-09-2016
For the Appellant :Mr. Tripurari Ray and Mr. Rakesh K. Sharma, Advocates.
The delay in filing the First Information Report, non-appearance of the victim, and failure to conclude the trial within the directed time frame are relevant factors in considering bail applications.
Headnote:
Bail - Criminal Procedure - The court granted bail to the appellant based on the delay in filing the First Information Report, non-appearance of the victim, and failure of the Trial Court to conclude the trial within the directed time frame.
Fact of the Case:
The appellant filed an appeal against the rejection of his bail application by the High Court, citing delay in filing the First Information Report, non-appearance of the victim, and failure of the Trial Court to conclude the trial within the directed time frame.
Finding of the Court:
The court found it appropriate to grant bail to the appellant based on the mentioned circumstances.
Issues: Delay in filing the First Information Report, non-appearance of the victim, and failure of the Trial Court to conclude the trial within the directed time frame.
Ratio Decidendi: The delay in filing the First Information Report, non-appearance of the victim, and failure of the Trial Court to conclude the trial within the directed time frame were key factors influencing the court's decision to grant bail to the appellant.
Final Decision: The court granted bail to the appellant on furnishing bail bonds and sureties to the satisfaction of the Trial Court.
ORDER :
Leave granted.
2. The present appeal has been filed against the judgment and order dated 04.04.2016 passed by the High Court of judicature at Allahabad in Criminal Miscellaneous Bail Application No. 130 of 2016 whereby the bail application filed by the appellant has been rejected.
3. We have heard learned counsel for the appellant and perused the documents filed along with the appeal.
4. The First Information Report has been filed after four years. Moreover, from the order it appears that the victim girl has not appeared in spite of issuing bailable/non-bailable warrants by the Trial Court and further, the Trial Court has not concluded the trial within four months as directed earlier by the High Court by order dated 10.12.2015.
5. In view of the facts and circumstances of the case, we feel it appropriate to release the appellant on bail on furnishing bail bonds and sureties to the satisfaction of the Trial Court.
6. Ordered accordingly.
7. The appeal is disposed of.
Ordered accordingly.
