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2025 DAILYLAW 193577 (ALL)

TRIBHUVAN PRATAP SINGH v. STATE OF U.P.

BAIL/26435/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26435 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Deo Prakash Singh, learned counsel for the applicant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.277 of 2024, under Sections 103(1), 238(a), 61(2) BNS, Police Station- Chhatari, District- Bulandshahr, during the pendency of trial. 4. This is the second bail application on behalf of the applicant. The first bail application was rejected by this Court vide order dated 10.12.2024 passed in Criminal Misc. Bail Application No.44153 of 2024. 5. Learned counsel for the applicant has stated that the applicant is languishing in jail since 22.8.2024, as such, he is incarcerated in jail for more than one year and there is no likelihood of conclusion of trial in near future. As such, the fundamental rights of the applicant enshrined under Article 21 of the Constitution of India stand violated. He is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned A.G.A. has vehemently opposed the bail application. 7. After hearing learned counsel for the parties and taking into consideration that there being no new ground for pressing the instant bail application Versus Counsel for Applicant(s) : Deo Prakash Singh Counsel for Opposite Party(s) : G.A. Tribhuvan Pratap Singh .....Applicant(s) State of U.P. .....Opposite Party(s) except the period of incarceration, I do not find it a fit case for grant of bail to the applicant. 8. The present bail application is hereby found devoid of merits and is accordingly rejected. 9. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 10. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. October 14, 2025 Vikas Verma BAIL No. 26435 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad