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IN THE HIGH COURT OF ALLAHABAD
Siddharth, J.
Arun Kumar Pathak – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Siddharth, J.
1. Heard Shri Kamal Krishna, learned Senior Counsel assisted by Shri Saurabh Basu, learned Counsel for the applicant; Sri Shashi Kumar Dwivedi, learned counsel for the informant and learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant, Arun Kumar Pathak, with a prayer to release him on bail in Case Crime No. 0092 of 2021, under Sections 147, 148, 149, 323, 504, 506, 302, 120-B, 34, 392 and 412 of IPC, Police Station-Lalapur, District-Allahabad, during pendency of trial.
3. This is the third bail application of the applicant. His earlier bail applications were rejected by this court on 21.02.2023 and 12.12.2023. While rejecting the first bail application of the applicant, the trial court was directed to conclude the trial within period of one year and also while rejecting the second bail application of the applicant trial court was similarly directed to conclude the trial within further period of 1 year.
4. Learned Senior counsel for the applicant has submitted that at the time of filing of the bail application six prosecution witnesses were examined and statement of P.W.-7
The court emphasized the right to a speedy trial and granted bail due to inconsistencies in witness statements and prolonged detention without trial.
Section 309 Cr.P.C. provides power to postpone or adjourn proceedings.
Bail should not be granted without compelling circumstances, especially when trial is nearing conclusion and accused has shown dilatory tactics.
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....
Grant of Bail - Right of under trial enshrined under Article 21 of the Constitution of India may be considered and protected inasmuch as they should not be compelled to serve maximum punishing.
Subsequent bail applications require material change in circumstances; courts cannot review prior orders or appreciate trial evidence at bail stage.
Bail – Prosecution has to play a vital role in assessing threat perception of each and every witness, particularly where there is rivalry due to political or other reason.
Prolonged detention without trial infringes the constitutional right to liberty and a speedy trial, necessitating bail for the accused.
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