Allahabad High Court
Dinesh Kumar Iiird Bail vs State Of U.P. on 20 July, 2023
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:47646 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2959 of 2021 Applicant :- Dinesh Kumar IIIrd Bail Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Nath Mishra,Akhilesh Kumar Singh,Dipika Singh,Gaurav Kumar,Girish Kumar Pandey,Raja Pratap Singh,Rajesh Kumar Shukla Counsel for Opposite Party :- G.A.,Mohammad Arif,Shiv Sharan Singh Hon'ble Pankaj Bhatia,J.
1. Supplementary Affidavit filed today is taken on record.
2 Heard learned counsel for the applicant, learned AGA and perused the record.
3. The accused-applicant seeks bail in ST No.384 of 2018 arising out of case crime no.155 of 2018 under sections 376, 506 IPC, P.S. Kotwali Dehat, District Sultanpur.
3. The FIR was lodged alleging commission of offence under section 376 IPC by the applicant and in pursuance to the said first information report, the applicant is in custody since 07.07.2018.
4. The present third bail application is being argued mainly on the ground of prolonged trial.
5. This court had called for a report from the court concerned. The report on record indicates that only PW-1 has been examined has been examined and the cross examination is yet to happen. The applicant is in custody since five years.
6. Considering the law laid down by the Supreme Court in the case of Rabi Prakash vs. The State of Odisha decided on 13.07.2023 in Special Leave to Appeal (Crl) No.4169 of 2023 on the ground of prolonged trial and there being no possibility of the trial being concluded in near future, the applicant who is in custody since 07.07.2018 is entitled for the bail.. Thus the bail application is allowed.
7. Let the applicant Dinesh Kumar be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court below concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) 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 or tamper with the evidence.
Order Date :- 20.7.2023 VNP/-