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SANJAY KUMAR PACHORI
Rizwan Atta @ Samir – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Sanjay Kumar Pachori, J.
1. Heard Sri Prateek Sinha, learned counsel for the applicant and learned AGA for the State and perused the materials available on record.
2. The present application u/s 482 Cr.P.C. has been filed with a prayer to issue a direction to the trial court to release the applicant in ten cases; which are as
| (i) | Case Crime No. 31 of 2021, | under Sections 3/25 of Arms Act, | Police Station Rial Bazar, District Kanpur Nagar; |
| (ii) | Case Crime No. 881 of 2020, | under Sections 457, 380 and 411 of IPC, | Police Station Chakeri, District Kanpur Nagar; |
| (iii) | Case Crime No. 56 of 2021, | under Sections 457, 380 and 411 of IPC, | Police Station Chakeri, District Kanpur Nagar; |
| (iv) | Case Crime No. 678 of 2018, | under Sections 3(1) of Gangster Act, | Police Station G.R.P., District Kanpur Nagar; |
| (v) | Case Crime No. 316 of 2020, | under Sections 419, 420, 467, 468, 471, 120-B of IPC, | Police Station Kotwali, District Kanpur Nagar; |
| (vi) | Case Crime No. 32 of 2021, | under Sections 420, 467, 468, 471 of IPC, | Police Station Rail Bazar, Distr |
The court can grant bail based on personal bonds when the applicant demonstrates financial hardship and has previously been granted bail in related cases.
The discretion of the court in accepting the same set of sureties in multiple cases and the emphasis on the competency and reliability of sureties.
The court may grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court established that prolonged custody without trial can warrant the granting of bail, particularly when similar accused have been released, emphasizing the importance of the right to liberty.
The court may grant bail based on the assertion of innocence and lack of dispute from the opposing counsel, without affecting the merits of the case.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is likely to be prolonged, and the accused is not a flight risk.
The court may grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the ....
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