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AJAY BHANOT
Shahzan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
AJAY BHANOT, J.
1. Heard Ms. Shivangi Singh, learned counsel for the applicant and Shri Paritosh Kumar Malviya, learned AGA-I for the State.
2. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 34 of 2021 at Police Station Haldaur District Bijnor under Sections 147, 148, 149, 302, 506 IPC and Section 7 of Criminal Law Amendment Act. The applicant is in jail since 06.02.2021.
3. The bail application of the applicant was rejected by learned trial court on 29.06.2022.
4. The applicant has been identified as one of the principal offenders who discharged his firearm and shot dead the deceased. The deceased sustained multiple bullet injuries. Eye witnesses to the incident and the postmortem report corroborate the prosecution case. The trial is on foot. Enlarging the applicant on bail at this stage would not be conducive to a fair trial. The offence is grave. There is likelihood that the applicant committed the offence. At this stage, no case for bail is made out.
5. Without going into the merits of the case, at this stage the bail application is dismissed.
6. Before parting, some essential observations arising in the facts of this cas
Grant of Bail - Right of under trial enshrined under Article 21 of the Constitution of India may be considered and protected inasmuch as they should not be compelled to serve maximum punishing.
The prosecution is required to open the case and disclose charges and evidence against the accused as mandated by section 226 of the Cr.P.C. to ensure a fair trial.
The court emphasized the necessity of adhering to Section 309 Cr.P.C. for timely witness examination to prevent undue influence and ensure justice in criminal trials.
The main legal point established in the judgment is the need for strict compliance with the Standard Operating Procedure (SOP) and circulars to expedite trials, prevent delays, and ensure timely appe....
The delay in trial, the seriousness of the offences alleged, and the objections raised by the prosecution and intervenor were key factors in denying bail to the petitioner.
Section 309 Cr.P.C. provides power to postpone or adjourn proceedings.
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