DIPANKAR DATTA, PRASHANT KUMAR MISHRA
Ajay Kumar Singh @ Laddu Singh – Appellant
Versus
State Of Bihar – Respondent
ORDER :
1. Leave granted.
2. The High Court by the impugned judgment and order dated 24th September, 2024 has rejected the appellant’s prayer for bail.
3. The appellant figures as an accused in FIR No.93 of 2024 dated 08th July, 2024, registered at Police Station-Dhansoi, District-Buxar under Sections 30(a) of Bihar Prohibition and Excise Amendment Act, 2018. In connection with investigation of the FIR, the appellant was taken into custody on 08th July, 2024 itself.
4. We have heard Mr. Prashant Kumar, learned counsel appearing for the appellant as well as Mr. Rishi K. Awasthi, learned counsel appearing for the respondent-State.
5. It is evident from the reply affidavit filed by the respondent-State of Bihar that the charge-sheet under Section 173(2) of the Code of Criminal Procedure, 1973 has already been filed and charges have been framed; however, the trial is yet to commence.
6. Having regard to the fact that the charges have been framed, there is no good reason to keep the appellant under further detention pending trial.
7. Accordingly, we set aside the impugned judgment and order.
8. The appellant shall be released on bail subject to such terms and conditions as may be imposed
The court established that continued detention pending trial is unjustified when charges have been framed but the trial has not commenced, warranting the grant of bail.
Custodial interrogation not required for bail in anticipation of arrest under specific legal circumstances.
The court granted bail to a septuagenarian accused, emphasizing that prolonged detention pending trial is unwarranted, while clarifying that this does not affect the merits of the case.
The court granted bail considering the appellant's age, custody duration, and the nature of the offences.
Bail can be granted keeping in view maximum sentence prescribed and period of custody undergone by accused.
Points of Law : Trial Court shall release the appellant on bail subject to such conditions as the Trial Court may deem appropriate to ensure presence and participation of the appellant in the pending....
Anticipatory bail can be granted where accused is cooperating in investigation and no more custodial interrogation is required in the case.
High Court cannot direct Trial Court to conclude trial of offence within a fixed period.
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