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MANJU RANI CHAUHAN
Roshan Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
MANJU RANI CHAUHAN, J.
1. Heard Mr. Sheshadri Trivedi, learned counsel for the applicant and Mr. Amit Singh Chauhan, learned AGA-I for the State.
2. This application under Section 482 Cr.P.C. has been filed to set aside the impugned order dated 31.05.2024 passed by learned Chief Judicial Magistrate, Banda as well as the entire proceeding of Crl. Case No. 7658 of 2023 (State of Uttar Pradesh Vs. Roshan Singh) Arising Out of Case Crime No. 531 of 2023, under sections 419, 420, 467, 468, 471 IPC, Police Station Kotwali Nagar, District Banda, pending against the applicant in the court of learned Chief Judicial Magistrate Banda, District Banda.
3. As per the allegations in the FIR lodged by Poonam Gupta; Principal, Arya Kanya Inter College, Kotwali Nagar, Banda, when the re-examination 2018 for the post of Village Development Officer was going on, in the second meeting on 26.06.2023 at about 04:20 pm, a call was received from the Control Room, Lucknow regarding examination room no. 4 informing that the bio-metric of one Ranjan Gupta was found suspicious. On the aforesaid, a team was constituted for checking, in which the person sitting in place of Ranjan Gupta was found to be Ros
The court upheld the mandatory nature of Section 437(6) Cr.P.C., emphasizing that an accused is entitled to bail if the trial is not concluded within 60 days, barring exceptional circumstances.
The court reinforced the principle of timely trials, finding entitlement to bail under Section 480(6) of B.N.S.S. due to significant delay not attributable to the accused, thus safeguarding individua....
(1) In bailable offence, right of accused to get bail is absolute and indefeasible right and courts have no discretion in granting bail.(2) Criminal Courts should consider bail applications particula....
The statutory right given to the accused under Section 437(6) of Cr.P.C. cannot be taken away, and the trial court must release the accused if the trial is not concluded within the stipulated period.
The main legal point established in the judgment is that the provisions of Section 437(6) of Cr.P.C. make it obligatory to release the accused if the trial for a non-bailable offence is not concluded....
Prolonged detention without trial infringes the constitutional right to liberty and a speedy trial, necessitating bail for the accused.
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