Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
KRISHAN PAHAL, J.
Nandan Singh Bisht – Applicant
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. - Opposite Party
Criminal MISC. Bail Application No. 1538 Of 2023 Connected With Criminal MISC. Bail Application No. 14110 Of 2022, Criminal MISC. Bail Application No. 14113 Of 2022, Criminal MISC. Bail Application No. 14164 Of 2022, Criminal MISC. Bail Application No. 1575 Of 2023, Criminal MISC. Bail Application No. 1640 Of 2023, Criminal MISC. Bail Application No. 1920 of 2023, Criminal MISC. Bail Application No. 1998 Of 2023, Criminal MISC. Bail Application No. 11541 Of 2022, Criminal MISC. Bail Application No. 2066 Of 2023, Criminal MISC. Bail Application No. 2090 Of 2023, Criminal MISC. Bail Application No. 2316 of 2023
Decided On : 12-11-2024
(A) Indian Penal Code - Sections 147, 148, 149, 302, 120-B, 307, 326, 427 - Arms Act - Section 30 - Motor Vehicle Act - Section 177 - Bail applications for multiple accused in a case involving violent protests leading to deaths - The court emphasized the presumption of innocence and the right to bail, noting the lengthy trial process and the lack of evidence suggesting the applicants would flee or tamper with evidence. (Paras 54, 56, 57)
(B) Right to Bail - The court reiterated that bail is the rule and jail is the exception, especially when the trial is unlikely to conclude soon and the accused have not misused previous bail. (Paras 52, 56)
Facts of the case:
The applicants were involved in a violent incident during a farmers' protest, resulting in multiple deaths and injuries. They were not named in the initial FIR but were implicated later. (Paras 19-20)
Findings of Court:
The court found that the prosecution had not presented a clear case against the applicants and that the trial was progressing slowly, justifying the grant of bail. (Paras 56-57)
Issues: The main issues included the applicants' involvement in the incident, the adequacy of the prosecution's evidence, and the implications of the lengthy trial. (Paras 54-55)
Ratio Decidendi: The court held that the applicants were entitled to bail due to the lack of evidence against them, the lengthy trial, and the principle that bail should not be denied without just cause. (Paras 56-57)
Result: Bail applications allowed.
JUDGMENT :
(Krishan Pahal, J.)
1. The case has been heard through Video Conferencing from Allahabad.
2. Heard Sri Vaibhav Kalia (in bail no.1538/2023), Sri Salil Kumar Srivastava (in bail nos.11541/2022, 14110/2022, 14113/2022 & 14164/2022), Sri Manish Mani Sharma (in bail nos.1575/2023, 1640/2023, 1920/2023, 1998/2023, 2066/2023, 2090/2023 & 2316/2023), learned counsels for the applicants and Sri Ajai Kumar, Sri Vivek Kumar Rai, learned counsels for the informant as well as Ms. Parul Kant, learned A.G.A. for the State and perused the record.
First Bail Applications Moved On Behalf Of The Applicants:-
3. Applicant- Nandan Singh Bisht went to jail on 19.10.2021 in Case Crime No.0219 of 2021, under Sections 147, 148, 149, 307, 326, 302, 120-B, 34, 427 IPC, Section 30 of Arms Act and Section 177 of Motor Vehicle Act, Police Station- Tikuniya, District- Lakhimpur Kheri.
4. Applicant- Latif alias Kale went to jail on 13.10.2021 in Case Crime No.0219 of 2021, under Sections 147, 148, 149, 302, 120-B, 307, 326/34, 427/34 IPC, Section 30 of Arms Act and Section 177 of Motor Vehicle Act, Police Station- Tikuniya, District- Lakhimpur Kheri.
5. Applicant- Satyam Tripathi alias Satya Prakash Tripathi went to jail on 19.10.2021 in Case Crime No.0219 of 2021, under Sections 147, 148, 149, 302, 120-B, 307, 326/34, 427/34 IPC, Section 30 of Arms Act and Section 177 of Motor Vehicle Act, Police Station- Tikuniya, District-Lakhimpur Kheri.
6. Applicant- Shekhar Bharti went to jail on 12.10.2021 in Case Crime No.0219 of 2021, under Sections 147, 148, 149, 302, 120-B, 307, 326/34, 427/34 IPC, Section 30 Arms Act and Section 177 of Motor Vehicle Act, Police Station- Tikuniya, District- Lakhimpur Kheri.
7. Applicant- Dharmendra Singh Banjara went to jail on 18.10.2021 in Case Crime No.0219 of 2021, under Sections 147, 148, 149, 307, 326, 34, 302, 120-B, 427 IPC and Section 177 of Motor Vehicle Act, Police Station- Tikoniya, District- Lakhimpur Kheri.
8. Applicant- Ashish Pandey went to jail on 18.10.2021 in Case Crime No.0219 of 2021, under Sections 147, 148, 149, 307, 326, 34, 302, 120-B, 427 IPC and Section 177 of Motor Vehicle Act, Police Station- Tikoniya, District- Lakhimpur Kheri.
9. Applicant- Rinkoo Rana went to jail on 18.10.2021 in Case Crime No.0219 of 2021, under Sections 147, 148, 149, 307, 326, 34, 302, 120-B, 427 IPC and Section 177 of Motor Vehicle Act, Police Station- Tikoniya, District- Lakhimpur Kheri.
10. Applicant- Ullas Kumar Trivedi @ Mohit Trivedi went to jail on 18.10.2021 in Case Crime No.0219 of 2021, under Sections 147, 148, 149, 307, 326, 34, 302, 120-B, 427 IPC and Section 177 of Motor Vehicle Act, Police Station- Tikoniya, District- Lakhimpur Kheri.
Second Bail Applications Moved On Behalf Of The Applicant:-
11. Applicant- Ankit Das, went to jail on 13.10.2021 in Case Crime No.0219 of 2021, under Sections 147, 148, 149, 302, 120-B, 307, 326/34, 427 IPC, Section 30 of Arms Act and Section 177 of Motor Vehicles Act, Police Station- Tikuniya, District- Lakhimpur Kheri.
12. Applicant- Lavkush, went to jail on 18.10.2021 in Case Crime No.0219 of 2021, under Sections 147, 148, 149, 307, 326, 34, 302, 120-B & 427 of IPC and Section 177 of Motor Vehicles Act, Police Station-Tikuniya, District- Lakhimpur Kheri.
13. Applicant- Sumit Jaisawal went to jail on 18.10.2021 in Case Crime No.0219 of 2021, under Sections 147, 148, 149, 307, 326, 34, 302, 120-B, 427 of IPC, Sections 3/25 & 3/27 of Arms Act and Section 177 of Motor Vehicles Act, Police Station- Tikoniya, District- Lakhimpur Kheri.
14. Applicant- Shishupal went to jail on 18.10.2021 in Case Crime No.0219 of 2021, under Sections 147, 148, 149, 307, 326, 34, 302, 120-B, 427 of IPC and Section 177 of Motor Vehicles Act, Police Station-Tikoniya, District- Lakhimpur Kheri.
15. First bail applications of above mentioned four applicants, namely, Ankit Das, Lavkush, Sumit Jaisawal and Shishupal were rejected by a common order dated 09.05.2022 passed by the coordinate Bench of this Court in Crim
Bail is the rule and jail is the exception; applicants entitled to bail due to lengthy trial and lack of evidence against them.
(1) Victim’s right to appeal – Right of a victim under amended Cr.P.C. are substantive, enforceable, and are another facet of human rights – These rights are totally independent, incomparable, and ar....
The court emphasized the need to balance the individual's right to personal freedom with the right of police investigation, and considered the delay in trial, lack of prima facie evidence, and absenc....
Prolonged detention without trial can violate the right to a speedy trial, qualifying an accused for bail under Article 21, despite serious charges linking them to anti-national activities.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
The court established that a prima facie case and the accused's conduct are critical in bail considerations, especially in serious offenses like murder.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
