Allahabad High Court

PRASHANT SHUKLA @ DABBUversusSTATE OF U.P.

Decided: 24 February 2026
Bench: SAMIT GOPAL

Holding

The court held that bail cannot be decided until the prosecution provides an affidavit explaining the causes of the trial delay.

Summary

The applicant, Prashant Shukla, filed a second bail application after being in custody since July 2020, claiming a delay of nearly six years in his trial. The prosecution indicated that 35 witnesses remain to be examined, with the 19th witness still being recorded as of September 2025, suggesting further delay. The court noted the need to understand the reasons for the protracted trial before deciding on bail. It ordered that the Commissioner of Police, Kanpur Nagar, file an affidavit within two weeks detailing the causes of delay, non‑appearance of witnesses, responsible parties, and the prosecution’s plan for witness production. The bail application was therefore postponed pending the affidavit.

Issues considered

What is the appropriate basis for granting bail when the trial has been delayed for an extended period?
Whether the prosecution must explain the reasons for trial delay before the court can consider a bail application.

Subjects

bail
trial delay
criminal procedure
right to liberty
pre‑trial detention

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 25248 of 2023

Prashant Shukla @ Dabbu
                                                               .....Applicant(s)
                                    Versus

State of U.P.
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Applicant(s)                     :   Prashant Kumar Singh
Counsel for Opposite Party(s)                :   G.A.

Court No. - 75
                      HON'BLE SAMIT GOPAL, J.

1. List revised.

2. Heard Sri Prashant Kumar Singh, learned counsel for the applicant, Sri
Rupak Chaubey, learned A.G.A. for the State and perused the record.

3. This bail application is being pressed on the ground of delay in trial by
learned counsel for the applicant. It is submitted that the present bail is the
second bail. The first bail application was rejected by this Court vide
order dated 30.09.2021 and thus the fact remains that the applicant is in
jail since 20.07.2020 and as such he has undergone around 5 years and 10
months in jail. A perusal of the order dated 07.11.2025 of this Court
shows that prosecution proposes examination of 35 witnesses only in the
present matter, but the case of the applicant is that till date as per affidavit
of the State dated 22.09.2025 statement of 19th witness was being
recorded. It is submitted that same thus shows that trial will take a lot of
time as it is connected with 23 other trials.

4. In these circumstances before proceeding with the matter for
considering the prayer for bail it would be appropriate that an affidavit of
Commissioner of Police, Kanpur Nagar be called for on the count as to
why trial is being delayed, reasons for non-appearance of the witnesses
before the trial court, the person responsible for delay of trial, further
process as to how the prosecution is proposing to produce the witnesses
and how much time is proposed to produce the witnesses before the trial
court. The said affidavit be filed within two weeks.
                                                                BAIL No. 25248 of 2023
                                                            2


                                    5. List on 26.5.2026.



                                                                   (Samit Gopal,J.)
                                    May 4, 2026
                                    Naresh




Digitally signed by :-
NARESH KUMAR
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…