Long Period Of Incarceration Coupled With No Possibility To Conclude Trial In Near Future Can Be Fresh Ground For Bail: Allahabad HC

The Allahabad High Court has 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.

The Bench of Justice Rajesh Singh Chauhan observed thus while granting bail to one Anokhi Lal under Sections 498-A & 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act who had been in jail since April 2018.

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.

The case in brief

In the instant case, the Court was dealing with the second bail of Anokhi Lal, who had been booked under the aforementioned sections in connection with a dowry death. Anokhi Lal (petitioner) is not a direct family member of the in-laws of the victim as he is a cousin brother of the husband of the victim-lady.

Before the Court, his counsel argued that despite the specific direction of the High Court to the trial Court (dated 23.04.2019) to conclude the trial within a period of five months, about three years period have passed, but the trial had not been concluded.

The counsel also argued before the Court that the charge sheet had already been filed in this case and the present applicant is cooperating with the trial proceedings and if there is any lapse in not concluding the examination of PW-2, it is no fault on the part of the present applicant, but on the part of the prosecution, therefore, he may be released on bail.

Significantly, it was also told to the Court that all the family members of the victim including the victim herself, had leveled specific allegations of torture, etc. to the mother-in-law (Smt. Munni Devi), who has also been granted bail subsequent to the rejection of the first bail application of the present applicant.

In view of this, the Court, taking into account the mandate of the Supreme Court in the case of K.A. Najeeb (supra) and Paras Ram Vishnoi (supra), granted him bail by observing thus:

"Having considered the fact that despite the specific direction being issued by this Court vide order dated 23.04.2019 to conclude the trial within a period of five months but about three years period have passed and the progress of trial is the same as it was in the month of April, 2019 when the first bail application was rejected. As a matter of fact, there is no progress of trial as such. The PW-2 is not co-operating with the trial and has absconded for quite sometime. The period of incarceration of the present applicant in jail since 15.04.2018 is also worth considering at this stage when there is no possibility to conclude the trial in near future inasmuch as out of 19 PWs the examination of PW-2 is going on. Besides, all the family members of the victim including the victim herself have levelled specific allegation of torture etc. to the mother-in-law (Smt. Munni Devi), who has been granted bail subsequent to the rejection of the first bail application of the present applicant. Hence, these grounds may be considered as fresh ground to consider the second bail application." 

Case title - Anokhi Lal Second Bail v. State of U.P
Case citation: 2022 LiveLaw (AB) 146

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