Allahabad High Court Grants Bail To Murder-Accused In Jail For 7 Yrs In View Of Non-Cooperation Of Prosecution Witnesses

The Allahabad High Court last week granted bail to a murder accused, who has been in jail for almost 7 years, as it noted that there is no likelihood of conclusion of the trial in near future and the fact witnesses/prosecution witnesses are not-cooperating in the trial.

The Bench of Justice Rajesh Singh Chauhan ordered while dealing with the third bail plea filed by one Rameshwar Pandey who has been in jail since May 27, 2015, in connection with a case registered against him u/s 302, 504, 506 IPC.

The case before the Court

Before the Court, it was submitted by his Counsel for the applicant that after the committal of the trial to the sessions on August 7, 2018, the fact witnesses remained absent till October 28, 2021, and they appeared before the Court only after bailable and non-bailable warrants were issued against them.

Lastly, it was argued that since all the fact witnesses have been examined and there is no possibility that the trial would be concluded in near future, therefore, the period of incarceration of the present applicant, about seven years may be considered to grant bail.

Court's observations 

Perusing the Court record, the HC noted that the examination of some more prosecution witnesses in the case is yet to take place, and thereafter, the formal witnesses e.g. Doctor who had done a postmortem examination, the chick writer of the F.I.R. and investigating officer will be examined.

The Court further observed that after their examination, the defence witnesses would be examined and the trial would be finally concluded by adopting legal requirements.

In view of this fact of the matter, the Court relied upon the ruling of the Apex Court in the case of Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation Criminal Appeal No. 693/2021 and Union of India vs. K.A. Najeeb LL 2021 SC 56, wherein the Supreme Court had favored granting of bail to the accused taking into account their long period of incarceration.

Further, the Court also relied upon its recent ruling in the case of Anokhi Lal Second Bail v. State of U.P 2022 LiveLaw (AB) 146, wherein it had observed that if there is no possibility to conclude the trial in near future and the accused applicant is in jail for a substantial long period then such a long period of incarceration may be considered as a fresh ground for the purpose of grant of bail.

Against this backdrop, without entering into the merits of the case and considering the period of incarceration of the present applicant, the Court allowed the plea as it remarked thus:

"...there are total 15 prosecution witnesses out of them all fact witnesses have been examined and examination of other witnesses is almost complete except the examination of formal witnesses and there is no likelihood of conclusion of trial in near future and the noncooperation of the fact witnesses/prosecution witnesses is apparent on the status report of the trial dated 28.3.2022, therefore, the aforesaid grounds may be considered as a fresh ground to grant bail to the present applicant while deciding his third bail application."

Case title - Rameshwar Pandey Third Bail v. State of U.P

Case citation: 2022 LiveLaw (All) 159

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