Allahabad High Court
Pankaj Yadav vs State Of Up And 3 Others on 16 May, 2025
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:80897 Reserved On:- 15.05.2025 Delivered On:-16.05.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16682 of 2024 Applicant :- Pankaj Yadav Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Amit Kumar Srivastava,Mool Chandra Counsel for Opposite Party :- Faizan Siddiqui,G.A.,Laxmi Paswan,Pratibha Ojha Hon'ble Siddharth,J.
1. Heard counsel for the applicant and learned A.G.A for the State.
2. The instant bail application has been filed on behalf of the applicant, Pankaj Yadav, with a prayer to release him on bail in Case Crime No. 12/2023, under Sections 376 of IPC, and section 3/4 of POCSO Act, and section 66-E and 67 of I.T. Act, Police Station- Bahilpurwa, District- Chitrakoot, during pendency of trial.
3. There is allegation in the F.I.R., that the daughter of co-accused, Nand Kishore Tripathi, aged about 16 years was residing in the house of her maternal grandfather, Ram Mitra Mishra, where she had love affair with one boy. Her obscene photographs were made viral by the aforesaid boy and because of the aforesaid fact her father and co-accused, Nand Kishore Tripathi, was annoyed and sad. The daughter of co-accused, Nand Kishore Tripathi, came to her house where Nand Kishore Tripathi, is alleged to have fired on her and her mother by his double barrel gun and both died.
4. Learned counsel for the applicant has submitted the applicant has been falsely implicated in this case for committing the offences under section 302 IPC and section 66-E and 67 of I.T. Act. He did not made any incriminating photograph of the victim viral. In parcha no. 12, investigating officer has recovered consenting photograph of the victim and the applicant in his phone. There is no evidence collected that he had forwarded the aforesaid photograph to the mobile phone of any third person. He was almost of the age of the deceased, daughter of the co-accused, and he has no criminal history to his credit. The murder of the deceased were committed because of difference of caste between the deceased, daughter of co-accused and the applicant. The applicant is languishing in jail since 16.03.2023. The trial in the aforesaid case is not likely to be concluded in near future.
5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
6. Regarding long incarceration of under trials prisoners in jail due to delay in conclusion of trial, the Hon'ble Apex Court in re: Union of India vs. K.A. Najeeb reported in AIR 2021 Supreme Court 712 has held in Para 16 of the judgment being reproduced herein below as follows :-
"This Court has clarified in numerous judgments that the liberty guaranteed by Part III of the Constitution would cover within its protective ambit not only due procedure and fairness but also access to justice and a speedy trial. In Supreme Court Legal Aid Committee Representing Undertrial Prisoners v. Union of India, it was held that undertrials cannot indefinitely be detained pending trial. Ideally, no person ought to suffer adverse consequences of his acts unless the same is established before a neutral arbiter. However, owing to the practicalities of real life where to secure an effective trial and to ameliorate the risk to society in case a potential criminal is left at large pending trial, Courts are tasked with deciding whether an individual ought to be released pending trial or not. Once it is obvious that a timely trial would not be possible and the accused has suffered incarceration for a significant period of time, Courts would ordinarily be obligated to enlarge them on bail."
7. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant, keeping in view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, considering the paragraph no.53 of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024, (SC)LawSuit 677 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 with the following conditions that :-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.
(v) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
8. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
10.The trial court is directed to conclude the trial against the applicant as expeditiously as possible, as per section 309 Cr.P.C..,/346 B.N.S.S. Order Date :- 16.5.2025 Abhishek