Allahabad High Court
VIKASH SINGH PATELversusSTATE OF U.P.
- Decided
Holding
Bail was denied as the trial had substantially progressed and the detention period did not constitute prolonged detention warranting release.
Summary
The applicant, Vikash Singh Patel, filed a fourth bail application after being in custody since March 9, 2023. The trial is underway, with the investigation officer being examined and the prosecution seeking to call a new witness (PW‑8) not listed in the charge sheet. The applicant argued that the investigation was still ongoing and that his three‑year detention amounted to prolonged detention. The court observed that the trial had substantially progressed, the investigation issue was not before it, and the detention period did not constitute undue delay. Consequently, the court found no sufficient ground to grant bail and rejected the application, while directing the trial court to decide the objection to the new witness promptly.
Issues considered
- What is the appropriate basis for granting bail to an accused who has been detained for three years while the trial is substantially progressed?
- Does the introduction of a new prosecution witness not listed in the charge sheet justify denial of bail?
Subjects
- bail
- criminal procedure
- prolonged detention
- new witness
- trial progress
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 4198 of 2026
Vikash Singh Patel
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Prateek Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Prateek Srivastava, learned counsel for applicant and Sri B.P. Singh,
learned AGA for State.
2. This is fourth bail application.
3. I have perused the status report dated 19.02.2026 that trial is proceeded and I.O. is
being examined. Now, prosecution has proposed to examine PW-8, a new witness
who was not proposed in charge sheet, therefore, an objection is filed on behalf of
accused person and date fixed for consideration is 26.02.2026.
4. In view of above, incarceration period of applicant who is in jail since 09.03.2023
i.e. for last three years is not a prolong detention period.
5. A submission of learned counsel for applicant that further investigation is going on,
however, Court finds that said issue is not before this Court and that trial is
substantially progressed.
6. In aforesaid circumstances, this Court does not find any ground to release the
applicant on bail. Accordingly, bail application is rejected.
7. However, Trial Court is directed that objection filed by accused-person against
proposed new prosecution witnesses be decided on date fixed or by fixing a short date.
February 23, 2026
N. Sinha
(Saurabh Shyam Shamshery,J.)
Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad
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