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2005 Supreme(All) 1425
ALLAHABAD HIGH COURT
Ravindra Singh, J.
Veer Singh, Girdhari Singh
Versus
State of U.P.
Criminal Misc.Bail Application 22215 of 2004
Decided On : 11 August 2005
Criminal Misc. Bail Application 22215 Of 2004
A.K.AVASHTHI, ABHISHEK MAYANK, M.K.Rastogi, MANISH TIWARI,
The main legal point established in the judgment is that the mere fact of being detained in jail for an extended period is not necessarily a sufficient ground for release on bail.
Headnote:
Bail Application - Rejection of Bail Application - The court rejected the bail application on the grounds that there was no reasonable ground for the second bail application, and the fact that the applicant had been detained in jail for over a year was not considered a proper ground for release on bail. The court also directed the trial court to expedite the trial proceedings.
Fact of the Case:
The applicant had applied for bail in a case involving Sections 420, 467, 468, and 471 of the Indian Penal Code, as he had been detained in jail since 25.5.2004 and claimed that there was no one in his family to look after their affairs.
Finding of the Court:
The court found that there was no reasonable ground for the second bail application and that the fact of the applicant being detained in jail for over a year was not sufficient for bail. The court also directed the trial court to expedite the trial proceedings.
Issues: The main issue was whether the applicant was entitled to be released on bail based on the grounds presented in the second bail application.
Ratio Decidendi: The court's decision was based on the lack of reasonable grounds for the second bail application and the insufficiency of the applicant's detention in jail for over a year as a proper ground for release on bail.
Final Decision: The court rejected the bail application and directed the trial court to expedite the trial proceedings.
( 1 ) HEARD Sri Manish Tiwary learned counsel for the applicant, and the learned A. G. A.
( 2 ) THIS is the second bail application. The Cr. Misc. First Bail Application No. 9607 of 2004 of the applicant has been rejected by Hon. R. S. Tripathi, J ( now retired) by a detailed order. applicant has applied for bail in Case Crime No. 15 of 2002 under Sections 420,467, 468 and 471 I. P. C. P. S. Afzalgarh District Bijnor.
( 3 ) IT is contended by the learned counsel for the applicant that in the present case, the applicant is detained in the District Jail Bareilly since 25. 5. 2004 and there is no one in his family to look after the family affairs.
( 4 ) FROM the perusal of the record, it appears that there is no reasonable ground in the second bail application. The first bail application of the application was considered on its merit, thereafter, it was rejected. The present applicant is not having any new ground except that the applicant is detained in Jail since 25. 5. 2004 i. e. More that a year. It is not a proper ground for releasing the applicant on bail.
( 5 ) IN view of the facts and circumstances of the case, the submissions made by the counsel for the applicant and the learned A. G. A. , the applicant is not entitled to be released on ball, therefore; the prayer for bail is rejected at this stage.
( 6 ) FROM the perusal of the order dated 1. 11. 2004, it appears that a direction was issued to dispose of the trial expeditiously but the trial has not been concluded till now, therefore the trial court is again directed to expedite the trial proceedings on day to day basis by avoiding unnecessary adjournments.
( 7 ) OFFICE is directed to sent a copy of this order forthwith to the learned District and Sessions judge, Barely for the strict compliance of the above direction
( 8 ) ACCORDINGLY, this application is disposed of.
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