DIPANKAR DATTA, MANMOHAN
Komal Singh – Appellant
Versus
State Of Uttar Pradesh – Respondent
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 eigh
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 established that continued detention pending trial is unjustified when charges have been framed but the trial has not commenced, warranting the grant of bail.
The court granted bail due to prolonged incarceration and absence of prior criminal history, emphasizing the importance of timely trial proceedings.
In case trial is not concluded within stipulated time, accused will be entitled to move fresh application of bail.
Bail in anticipation of arrest granted to a septuagenarian accused, emphasizing the necessity of custodial interrogation and the nature of the charges.
Bail – Long period of incarceration as an undertrial prisoner is a valid ground to grant bail.
Custodial interrogation not required for bail in anticipation of arrest under specific legal circumstances.
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