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.

ORDER :

1. Application for impleadment is allowed.

2. Leave granted.

3. The High Court by the impugned judgment and order dated 10th September, 2024 has rejected the second application for bail preferred by the appellant.

4. The appellant, figuring as an accused in FIR No.189 of 2018 dated 14th September, 2018, registered at Police Station-Baghrai, District-PRatapgarh under Sections 302, 307, 286, 506 & 120-B of the Indian Penal Code, 1860 and Section 7 of the Criminal Law Amendment (Act), 1932, was arrested on 16th September, 2018.

5. We have heard Mr. Siddartha Dave, learned senior counsel appearing for the appellant, Mr. Adarsh Upadhyay, learned counsel appearing for the State of Uttar Pradesh as well as Mr. Prakash Gautam, learned counsel appearing for the impleader-informant.

6. The trial is in progress. The eighth prosecution witness is being examined. We are told that his cross examination is fixed today before the sessions court. The disturbing feature is that seven witnesses had been examined by the time the special leave petition came to be presented before this Court on 04th October, 2024 and during the course of the last three months, only the examination-in-chief of the eighth witness has been completed.

7. Having regard to the fact that the appellant is a septuagenarian and that the trial shall take sometime to be completed coupled with the period of incarceration of the appellant, we are of the opinion that further detention of the appellant in custody pending trial is not warranted and that he may be admitted to an order for release on bail.

8. Accordingly, we set aside the impugned judgment and order.

9. The appellant shall be released on bail, subject to such terms and conditions as may be imposed by the trial court.

10. We clarify that the observations made in this order and grant of bail will not be treated as findings on the merits of the case.

11. The appellant shall, however, appear before the trial court on the dates fixed, unless exempted; and should the appellant fail to appear on any date without justifiable cause or breaches any of the terms and conditions for grant of bail, the trial court shall be at liberty to cancel the bail.

12. The appeal is, accordingly, allowed on the aforesaid terms.

13. Pending application(s), if any, stand disposed of.