Court No. - 32
Case :- CRIMINAL APPEAL No. - 2724 of 2014
Appellant :- Pradeep
Respondent :- State Of U.P.
Counsel for Appellant :- Vijay Kumar Srivastava,Dileep Kumar,Rajrshi Gupta,Ram Raj Pandey,Sanjay Kumar Srivastava
Counsel for Respondent :- Govt. Advocate,A.G.A.,Pankaj Bharti
Hon'ble Shashi Kant Gupta,J. Hon'ble Arvind Kumar Mishra-I,J.
Re: Second Bail Application The first bail application was decided on merits on 22.1.2015, whereby the bail application was rejected.
This is a second bail application.
No new ground has been brought to our notice by the learned counsel for the appellant, which was not available at the time of dismissal of the first bail application.
The specific contention of the learned counsel for the appellant is that the appellant is languishing in jail since long and hence on the basis of long detention period in jail, he is entitled to be released on bail because due to delay in trial his fundamental right of speedy trial envisaged under Article 21 of the Constitution is being violated.
Learned AGA appearing for the State has strongly opposed the prayer as made by the learned counsel for the appellant and submitted that the appellant cannot be admitted to bail on the basis of long incarceration in jail in this heinous crime. Mere long period of incarceration in jail would not be per-se illegal. If the accused has committed offence, he has to remain behind the bar. Such detention in jail, even as an under trial prisoner, would not be violative of Article 21 of the Constitution.
In view of the above, the second bail application is hereby rejected.
Summon the lower court record forthwith, in case it has not already been received in the office.
Let the paper book of the case be prepared within six weeks.
Let the matter be listed for final hearing after the preparation of the paper book.
Order Date :- 26.7.2019 vinay