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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AJAY BHANOT, J.
Ramu - Applicant
Versus
State of Uttar Pradesh - Opposite Party
Criminal MISC. Bail Application No. 17912 Of 2019, Criminal MISC. Bail Application No. 16379 of 2024, Criminal MISC. Bail Application No. 14678 of 2024, Criminal MISC. Bail Application No. 14084 of 2024, Criminal MISC. Bail Application No. 17643 of 2024, Criminal MISC. Bail Application No. 18960 of 2024, Criminal MISC. Bail Application No. 6287 of 2024, Criminal MISC. Bail Application No. 21823 of 2024, Criminal MISC. Bail Application No. 17888 of 2024, Criminal MISC. Bail Application No. 19701 of 2024.
Decided On : 07-08-2024
Constitution of India - Article 21 - Right to legal aid and bail - The applicant was imprisoned since 14.02.2008 and was granted bail after 14.5 years due to lack of legal aid and representation - The court emphasized the need for timely legal aid to ensure the right to seek bail is realized, particularly for marginalized prisoners.
JUDGMENT :
(Ajay Bhanot, J.)
1. The judgement is being structured in the following conceptual framework to facilitate the discussion :
| I | Introduction & Facts |
| II | Submissions of learned counsels for the parties |
| III | Denial of Legal Aid to the applicant and some cases of similarly situated prisoners |
| IV | A Right to seek bail and scope of Bail Jurisdiction B Legal issues arising in the cases & Bail Jurisdiction |
| V | A Legal Aid : General B Legal Aid : Article 39A of Constitution of India and Constitutional Law |
| VI | Statutory Schemes for Legal Aid:- A Legal Services Authorities Act, 1987 B Section 304 Cr.P.C./Section 341 of BNSS, 2023 C General Rules (Criminal) D Jail Manual E Decision making process for grant of legal aid: Relevant considerations and availability of necessary information |
| VII | Stand of the State Government : Instructions & Affidavits |
| VIII | A Right to Legal Aid & Quality of Legal Aid B Right to Legal Aid & Right to seek Bail : A composite scheme |
| IX | Charter of Prisoners’ Rights |
| X | Duties of the magistrates/trial courts/DLSAs/jail authorities:- A Duties of the magistrates/trial courts B Duties of DLSAs C Duties of Secretary, HCLSC D Duties of Secretary, SLSA E Duties of District Judges/Sessions Judges F Duties of Jail Authorities G Duties of State Government H Registrar General of High Court I High Court |
| XI | Right of fair & expeditious trial |
| XII | Anil Gaur @ Sonu @ Sonu Tomar Vs. State of U.P., 2022 SCC OnLine All 623 A Post Script B Lessons drawn C The road ahead |
| XIII | Order in Bail Application |
| XIV | Acknowledgements of the role of the Bar and the State |
| XV | Appendix |
2. Freedom’s dawn held unlimited promise for all Indians.
But to be young was very heaven”[William Wordsworth]
3. The audacity of hope of the young Republic was matched by the scope of ambition of the newly adopted Constitution resolved to secure justice to all citizens,[(See: Preamble to the Constitution of India)].
4. The reality of independence is more sombre for many Indian citizens. The plight of a class of prisoners that emerges from this discussion dims the ardour of the fateful stroke of the midnight hour of August 1947:
^^;s nkx+ nkx+ mtkyk] ;s 'kc&xt+hnk lgj
oks bUrt+kj Fkk ftl dk] ;s oks lgj rks ugha^^,[Faiz Ahmad Faiz]
“This patchy light, this night-tormented dawn
What we waited for is not this morn”
I. Introduction & Facts:
5. In the simple facts of this case arise questions of highest constitutional significance. The bail application of the applicant was heard for the first time on merits, and he was enlarged on bail by this Court fourteen and a half years after his imprisonment. The trial has not concluded. The most consequential issues of the human condition located in the most inherent domain of the Indian Constitution also arise in the companion bail applications. On the morrow of 75th year of the Constitution, constitutional amnesia grips some spaces in the country. While the nation celebrates the Amrit Kaal of Azaadi, there is a class of Indian citizens who lead anonymized lives in the dark walls of prisons where the light of Constitutional liberties does not penetrate.
6. Briefly put the records disclose the following facts:
(b) The first bail application was dismissed as not pressed on 15.11.2008.
(c) The second bail application was filed on 25.04.2019.
(d) The matter was listed from time to time but the bail application was not pressed. On other dates the matter was not taken up for hearing.
(e) A listing application for expediting the hearing of the matter was filed on 07.08.2020.
7. The applicant was imprisoned on 14.02.2008 in connection with the criminal case registered as Case Crime No. 44 of 2008 under Sections 394/302 I.P.C. Police Station Jahangirabad, District Bulandshahar. This Court dismissed the first bail application of t
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