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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Sameer Jain,J.
Hansraj – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Sameer Jain, J.
1. Heard Sri Ram Sagar Yadav, learned counsel for the applicant appointed by High Court Legal Services and Sri Manoj Kumar Singh, learned brief holder for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 338 of 2001, under Section 302 IPC, Police Station-Bilsi, District-Budaun, during pendency of the trial in the court below.
3. Learned counsel for the applicant submitted that earlier applicant was released on bail in the present matter on 16.01.2002 but after released on bail, he was detained in Delhi in connection to some other case, therefore, he could not attend the trial court and in the meantime, coercive measures were taken against him and thereafter he was produced before the court concerned on 04.05.2023 on Warrant-B and since then he is in jail in the present case.
4. He further submitted that as applicant was detained in connection to some other matter, therefore, it cannot be said that he is an absconder.
5. He further submitted that applicant is in jail in the present matter since 04.05.2023 i.e. for last more than one and half years, therefore, considering the long incarcera
The court emphasized that individual circumstances, such as the duration of incarceration and absence of a criminal history, are crucial in deciding bail applications.
Bail can be granted for additional charges if the applicant has previously been released on bail and lacks a criminal history.
The court granted bail to the applicant based on parity with a co-accused released on bail, considering the duration of custody and nature of offences.
The court granted bail based on the applicant's lack of prior criminal history and insufficient evidence against him, emphasizing the rights under Article 21.
Indefinite detention without trial is not justifiable; a court can grant bail under strict conditions to ensure the accused's attendance at trial.
The court held that prior criminal history does not automatically preclude bail if the circumstances warrant it, emphasizing the need for parity with co-accused and considering the duration of custod....
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