Allahabad High Court
JAY SINGHversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The applicant is entitled to bail as the prolonged pre‑trial detention infringed his right to a speedy trial, despite the seriousness of the charges.
Summary
The Allahabad High Court considered a bail application filed by Jay Singh, who has been in custody for over eight years pending trial for murder with ransom under Sections 302, 34 and 364A, 34 of the IPC. The applicant argued that the prolonged pre‑trial detention violated his fundamental right to a speedy trial and that there was no evidence he was causing any delay. The State opposed bail, emphasizing the seriousness of the charges, but did not dispute the length of incarceration. Citing the Supreme Court’s recent decision in Sahil Manoj Machare v. State of Maharashtra, the Court held that even in grave offences, a breach of the right to speedy trial warrants bail. Consequently, the Court granted bail with standard conditions, without commenting on the merits of the underlying criminal case.
Issues considered
- Whether a violation of the accused's right to a speedy trial justifies granting bail in a murder‑with‑ransom case.
- Whether the applicant's pending criminal history affects the bail decision.
- Whether bail can be granted without prejudice to the merits of the trial.
Legislation cited
- Indian Penal Code — s. 302, 34, 364A
Subjects
- bail
- right to speedy trial
- murder
- ransom
- IPC
- fundamental rights
- Supreme Court precedent
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30286 of 2026
Jay Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sunit Kumar, Yatish Kumar Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 65
HON'BLE SAMEER JAIN, J.
1. Heard Sri Yatish Kumar Dwivedi, learned counsel for the applicant and
Sri Ashutosh Singh, learned AGA for the State-respondent.
2. The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 842 of 2012, under Sections 302/34, 364A/34 IPC,
Police Station Kotwali Orai, District Jalaun, during pendency of the trial in
the court below.
3. Learned counsel for the applicant submitted that however, it is a case of
ransom with murder but entire allegations leveled against the applicant are
totally false.
4. He further submitted that even in the present matter, applicant is in jail
since 16.7.2018 i.e. for last more than eight years and till date trial of the
case is still pending.
5. He further submitted that there is no evidence that applicant is delaying
the trial in any manner.
6. He further submitted that right of speedy trial is the fundamental right of
an accused and on its violation, even in serious cases, he can be released on
bail and considering the long incarceration of more than eight years of the
applicant, it cannot be said that his fundamental right of speedy trial has not
been violated.
7. He further submitted that however applicant was not having any previous
criminal history but alongwith the instant matter he has been made accused
in three other cases.
BAIL No. 30286 of 2026
2
8. He further submitted that therefore, considering the facts of the case,
applicant may be enlarged on bail.
9. Per contra, learned AGA opposed the prayer for bail and submitted that
allegations levelled against the applicant are quite serious but could not
dispute the fact that in the present matter, applicant is in jail for last more
than eight years.
10. I have heard learned counsel for the parties and perused the record of the
case.
11. However, there is serious allegation of murder with demand of ransom
against the applicant but it reflects, he is in jail in the present matter for last
more than eight years and trial of the case is still pending and there is no
allegation that he is delaying the trial in any manner.
12. The right of speedy trial is the fundamental right of an accused and on its
violation, even in serious cases, he can be released on bail. Considering the
fact that applicant is in jail for last eight years, it cannot be said that his
fundamental right of speedy trial has not been infringed.
13. The Apex Court very recently in the case of Sahil Manoj Machare vs.
State of Maharashtra, 2026 SCC OnLine SC 810, observed in para-6 as
under:
"6. We are mindful of the fact that the petitioner is charged with the offence
of murder but time and again, we have said that howsoever serious the crime
may be, if the right of speedy trial is infringed, then Court must consider the
plea for bail appropriately."
14. Further, however apart from the present case, applicant is having
criminal history of three other cases but he was not having any other
previous criminal history and it reflects, when he was arrested in the present
mater then he has been made accused in these cases.
15. Therefore, considering the facts and circumstances of the case, discussed
above, in my view, applicant is entitled to be released on bail.
16. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
17. Let the applicant-Jay Singh, be released on bail in the aforesaid case on
furnishing a personal bond and two sureties each in the like amount to the
BAIL No. 30286 of 2026
3
satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless
his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper
with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
18. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.
19. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
said observations shall have no bearing on the merits of the case during
trial.
September 16, 2026
Ankita
(Sameer Jain,J.)
Digitally signed by :-
ANKITA SRIVASTAVA
High Court of Judicature at Allahabad
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