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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Gautam Chowdhary,J.
Ramautar @ Rinku – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Gautam Chowdhary, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. This is the second bail application moved on behalf of applicant. His first bail application was rejected by this Court vide order dated 27.03.2023 passed in Criminal Misc. Bail Application No. 6979 of 2023.
3. Learned counsel for the applicant submits that after rejection of first bail application, the trial has commenced. He has drawn attention of the Court to the order sheet of the trial court and submitted that incident is of the year 2021, charge has been framed against the applicant vide order dated 01.12.2022 and since then several times dates are being fixed regularly for evidence, but till date not a single prosecution witness has been examined and the trial court has also issued non bailable warrants against the prosecution witnesses several times, and lastly it was issued on 01.08.2024 but till date no one has turned up to adduce their evidence and the applicant is in jail since 16.06.20222 and there is no hope of early conclusion of trial, thus, the applicant may be enlarged on bail. Several other submissions in order to demonstrate the falsity
The court granted bail on the grounds of prolonged detention without trial and lack of evidence indicating tampering, emphasizing the right to a fair trial.
The court granted bail due to contradictions in the victim's statements and the applicant's lengthy pre-trial detention, emphasizing the need for fair trial rights.
Bail can be granted based on the applicant's circumstances, provided conditions are imposed to prevent tampering with evidence and ensure trial cooperation.
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