An accused can be granted bail even in a murder case if the trial has not commenced, there is overcrowding in jails, and the accused has made out a case for bail.

Court No. - 73

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36002 of 2022

Applicant :- Vikas Chaudhary

Opposite Party :- State of U.P.

Counsel for Applicant :- Birendra Singh Khokher

Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard learned counsel for the applicant and

learned A.G.A.

The instant bail application has been filed on

behalf of the applicant, Vikas Chaudhary, with a

prayer to release him on bail in Case Crime No.

904 of 2021, under Sections 302,34 IPC Police

Station

Bita-2,

Greater

Noida,

District-

Gautambudh Nagar, during pendency of trial.

There is allegation against

three unknown

accused persons regarding causing murder of one

person.Learned counsel for the applicant has

submitted that subsequently in police party firing

case applicant was arrested

and he was

implicated in this case on the basis of his

confessional statement. Single gun shot injury was

found on the head of the deceased .It is not known

out of three accused, who was author of the injury.

The trial has not commenced as yet.The applicant

is in jail since 2.9.2021.He has criminal history of

two cases, which have been explained in

paragraph-9 of the supplementary affidavit.

Learned A.G.A. has opposed the bail prayer of the

applicant but could not dispute the aforesaid facts.

Keeping in view the nature of the offence,

evidence, complicity of the accused, submissions

of the learned counsel for the parties, larger

mandate of the Article 21 of the Constitution of

India, considering the dictum of Apex Court in the

case of Dataram Singh Vs. State of U.P. and

another reported in (2018) 3 SCC 22 and recent

judgment dated 11.07.2022 of the Apex Court in

the case of Satendra Kumar Antil vs. C.B.I., passed

in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6

times overcrowding in jails over and above their

capacity by the under trials and without

expressing any opinion on the merits of the case,

the Court is of the view that the applicant has

made out a case for bail. The bail application is

allowed.

Let the applicant be released on bail on his

furnishing a personal bond and two sureties each

in the like amount to the satisfaction of the court

concerned subject to following conditions. Further,

before issuing the release order, the sureties be

verified.

1. The applicant shall not tamper with the

prosecution evidence by intimidating/ pressurizing

the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial

sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal

activity or commission of any crime after being

released on bail.

4. That the applicant shall not, directly or

indirectly, make any inducement, threat or

promise to any person acquainted with the facts of

the case so as to dissuade him from disclosing

such facts to the Court or to any police officer;

5. The applicant shall file an undertaking to the

effect that he shall not seek any adjournment on

the dates fixed for evidence and the witnesses are

present in court. In case of default of this

condition, it shall be open for the trial court to

treat it as abuse of liberty of bail and pass orders

in accordance with law to ensure presence of the

applicant.

6. The applicant shall remain present, in person,

before the trial court on the dates fixed for (i)

opening of the case, (ii) framing of charge and (iii)

recording of statement under Section 313 Cr.P.C. If

in the opinion of the trial court default of this

condition is deliberate or without sufficient cause,

then it shall be open for the trial court to treat

such default as abuse of liberty of his bail and

proceed against him in accordance with law.

In case of breach of any of the above conditions,

it shall be a ground for cancellation of bail.

The trial court is directed to expedite the trial of

the