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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
KRISHAN PAHAL
Rana Pratap Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Krishan Pahal, J.
1. List has been revised.
2. Heard Sri Amrendra Nath Singh and Sri Vinay Saran, learned Senior counsels assisted by Sri Pradeep Kumar Mishra, learned counsel for applicant and Dr. S.B. Singh, Advocate holding brief of Sri Shambhavi Nandan, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.
3. The present bail application has been filed by the applicant in Sessions Trial No.237 of 2019, arising out of Case Crime No.81 of 2019, under Sections 147 , 148, 149, 504, 506, 302, 307, 336/34 I.P.C. and 27/30 ARMS ACT , Police Station- Devgaon, District- Azamgarh with the prayer to enlarge him on bail.
4. This is the second bail application on behalf of the applicant. The first bail application was rejected by the Co- ordinate Bench of this Court vide order dated 14.11.2022 passed in Criminal Misc. Bail Application No.55798 of 2019 and the following order was passed:-
"Supplementary affidavit filed today is taken on record.
Before arguing on the bail application, learned counsel for the first informant placed before this court an order dated 07.09.2020 passed by the coordinate bench of t
Bail should not be granted without compelling circumstances, especially when trial is nearing conclusion and accused has shown dilatory tactics.
The court emphasized the right to a speedy trial and granted bail due to inconsistencies in witness statements and prolonged detention without trial.
The court established that a prima facie case and the accused's conduct are critical in bail considerations, especially in serious offenses like murder.
Section 309 Cr.P.C. provides power to postpone or adjourn proceedings.
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....
Timely cross-examination is essential for a fair trial; delays can compromise witness integrity and affect justice.
The severity of the crime, the criminal record of the applicant, and the possibility of influencing witnesses are significant factors in determining bail eligibility.
The heinousness of the offense, evidence available on record, and the accused-applicants' criminal history were central to the court's decision in rejecting the bail applications.
The court ruled that the applicant, as the prime accused in serious offences, cannot be granted bail due to the risk of trial tampering and his history of absconding, despite delays in the trial proc....
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