Allahabad High Court
Rakesh Chauhan vs State Of U.P. on 31 August, 2022
Bench: Ramesh Sinha, Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- JAIL APPEAL No. - 823 of 2011 Appellant :- Rakesh Chauhan Respondent :- State of U.P. Counsel for Appellant :- Jail Appeal Counsel for Respondent :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Renu Agarwal,J.
This appeal has been preferred by the appellant from jail. There appears to be no bail application filed on behalf of the appellant in this appeal.
Sri Chandra Shekhar Singh, learned A.G.A. has filed the affidavit of Director General of Police (Prison),U.P. dated 30-08-2022 in Jail Appeal No. 1583 of 2009, in which it has been stated that the present appellant, Rakesh Chauhan is jail since 14-07-2009. The custody certificate of the appellant has been annexed at page no. 21 of the affidavit filed by the Director General of Police(Prison),U.P. and by now, he has already served out about 13 years, one month and 16 days.This appeal is pending since 2011 and is likely to take a couple of years or even more in its final disposal, hence in view of the order of the Apex Court dated 25th February, 2022 passed in Criminal Appeal No. 308 of 2022 arising out of SLP (Crl.) No. 4633 of 2021 : Saudan Singh Vs. State of U.P., the order dated 25.03.2022 and 09.05.2022 passed by the Apex Court in Criminal Appeal No. 491 of 2022 : Suleman Vs. The State of Uttar Pradesh arising out of SLP (Crl) No. 1451 of 2022, the order dated 25.03.2022 passed by the Apex Court in Writ Petition(s) (Criminal) No (s) 52 of 2022 : Rajendra Singh and others Vs. State of U.P. and order dated 01.04.2022 passed by Apex Court in Criminal Appeal No.540 of 2022, arising out of SLP (Crl.) No.1368 of 2022 : Brijesh Kumar @ Ramu Vs. The State of Uttar Pradesh, appellant is entitled to be released on bail during pendency of this appeal. Learned Counsel for the appellant further argued that the appellant has no criminal antecedents, as mentioned at para no.8 of the affidavit filed in support of bail application.
Learned A.G.A., however, opposed the prayer for bail..
A perusal of the order dated 25.02.2022 passed by the Apex Court in Saudan Singh's case (supra) would reveal that one of the directions issued by the Apex Court, which is relevant, is as follows :-
"We have put to learned A.A.G. and the learned counsel for the High Court that a list should be prepared of all cases where the person has served out a sentence of 14 years, is not a repeat offender, and in any case if in these cases at one go bail can be granted and cases remitted for examination under the Uttar Pradesh Prisoners Release on Probation Rules, 1938. In all these cases, there is a high possibility that if these people are released, they may not be even interested in prosecuting their appeals.
We are quite hopeful that the High Court will adopt the aforesaid practice and thus prevent the Supreme Court to be troubled with such matters."
Similar view has been expressed by the Apex Court in Suleman's case (supra), Rajendra Singh's case (supra) and Brijesh Kumar @ Ramu's case (supra).
Taking into consideration the aforesaid observations of the Apex Court and the undisputed fact that appellant by now has served more than 13 years of imprisonment in connection with the case, without expressing any opinion on the merits, we are of the view that the appellant is entitled to be released on bail.
Accordingly, the bail is allowed.
Let appellant - Rakesh Chauhan, convicted and sentenced in S.T. No. 172 of 2009,arising out of Case Crime No. 511/2009, under Section 302 I.P.C, Police Station-Aalapur, District-Ambedkar Nagar, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the concerned Chief Judicial Magistrate, subject to furnishing undertaking that he will co-operate in the hearing of the appeal; his counsel shall appear whenever the matter is listed and shall argue it without seeking unnecessary adjournment; and also furnishing undertaking from the sureties that the properties (moveable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the disposal of instant appeal.
On acceptance of bail bond, the lower Court shall transmit photostat copies thereof to this Court for being kept on the record.
The fine awarded by the trial court to the appellant is also stayed.
Let the appeal be listed in due course for final hearing.
Office is directed to send a copy of this order to the concerned District Judge for necessary information to the appellant for follow up action forthwith.
The concerned District Judge is also directed to send the compliance report to this Court forthwith, which shall be kept on record as soon as the same is received.
Order Date :- 31.8.2022 AKS (Mrs. Renu Agarwal, J.) (Ramesh Sinha, J.)