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KRISHAN PAHAL
Nandan Singh Bisht – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Lko. – Respondent
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 Tripath
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.
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