Allahabad High Court
SHAHIDversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court granted bail to the accused, subject to conditions.
Summary
Shahid, arrested on 09‑09‑2024, is charged under IPC sections 366, 120‑B, 323, 504 and 506 in Crime No. 118 of 2024. His first bail application was rejected, but a second application was filed citing the sluggish progress of the trial, the fact that the trial had not even commenced, and his prolonged pre‑trial detention. The counsel highlighted the constitutional guarantee of a speedy trial under Article 21, the Supreme Court’s observations in Manish Sisodia v. Directorate of Enforcement (2024), and the problem of jail overcrowding caused by under‑trials. The State opposed bail but did not dispute these factual premises. The Court, emphasizing the applicant’s right to liberty, the uncertainty of trial completion, and the public interest in avoiding unnecessary detention, allowed the bail application subject to personal bond, sureties and standard conditions.
Issues considered
- Whether bail should be granted to an under‑trial accused facing multiple serious IPC offences in view of trial delay and the right to speedy trial under Article 21.
Legislation cited
- Constitution of India — s. Article 21
- Indian Penal Code — s. 120-B, 323, 366, 504, 506
Subjects
- bail
- right to speedy trial
- undertrial
- jail overcrowding
- IPC offences
- Article 21
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 4846 of 2026
Shahid
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Saurabh Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the applicant, Puneet Kumar Singh, learned AGA
for the State and perused the entire material available on record.
This is a second bail application filed by the applicant. The first bail
application filed by the present applicant was rejected by this Court vide
order dated 28.11.2024 passed in Criminal Misc. Bail Application No. 39126
of 2024, copy whereof has been brought on record as Annexure No. 1 to the
bail application.
The applicant has filed this second bail application with a prayer to enlarge
him on bail in Crime No. 118 of 2024, under Sections 366, 120-B, 323, 504,
506 of IPC, Police Station Kandhrapur, District Azamgarh, during the
pendency of the trial.
In support of this second bail application, learned counsel for the applicant
has reiterated the entire submissions made in the first bail application, which
are not necessary to mention herein again by this Court.
Apart from the above, learned counsel for the applicant submits that in the
present case charge sheet has been filed by the Investigating Officer against
the applicant and the Court concerned has also taken cognizance. He further
submits that the trial of the case is proceeding at snail's pace as such there is
no possibility of conclusion of trial in near future. Learned counsel for the
applicant has invited the attention of the court to the order sheet of the trial
court's proceedings to demonstrate that even the trial has not commenced.
Learned counsel for the applicant further submits that the applicant is
BAIL No. 4846 of 2026
2
languishing in jail since 09.09.2024 and therefore, submits that on the above
grounds, the applicant is liable to be enlarged on bail.
Learned AGA has vehemently opposed the prayer for bail, but could not
dispute the aforesaid facts.
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, a case for bail is made out. Accordingly, the bail
application is allowed.
Let the accused-applicant, Shahid, involved in above mentioned case crime
number be released on bail, on his executing a personal bond and two
reliable sureties each, in the like amount to the satisfaction of the court
concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and
co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted through counsel by
the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
May 7, 2026
pks
(Ashutosh Srivastava,J.)
Digitally signed by :-
PAWAN KUMAR SINGH
High Court of Judicature at Allahabad
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