HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30286 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Heard Sri Yatish Kumar Dwivedi, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 842 of 2012, under Sections 302/34, 364A/34 IPC, Police Station Kotwali Orai, District Jalaun, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, it is a case of ransom with murder but entire allegations leveled against the applicant are totally false. 4. He further submitted that even in the present matter, applicant is in jail since 16.7.2018 i.e. for last more than eight years and till date trial of the case is still pending. 5. He further submitted that there is no evidence that applicant is delaying the trial in any manner. 6. He further submitted that right of speedy trial is the fundamental right of an accused and on its violation, even in serious cases, he can be released on bail and considering the long incarceration of more than eight years of the applicant, it cannot be said that his fundamental right of speedy trial has not been violated. 7. He further submitted that however applicant was not having any previous criminal history but alongwith the instant matter he has been made accused in three other cases. Versus Counsel for Applicant(s) : Sunit Kumar, Yatish Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Jay Singh .....Applicant(s) State of U.P. .....Opposite Party(s) 8. He further submitted that therefore, considering the facts of the case, applicant may be enlarged on bail. 9. Per contra, learned AGA opposed the prayer for bail and submitted that allegations levelled against the applicant are quite serious but could not dispute the fact that in the present matter, applicant is in jail for last more than eight years. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, there is serious allegation of murder with demand of ransom against the applicant but it reflects, he is in jail in the present matter for last more than eight years and trial of the case is still pending and there is no allegation that he is delaying the trial in any manner. 12. The right of speedy trial is the fundamental right of an accused and on its violation, even in serious cases, he can be released on bail. Considering the fact that applicant is in jail for last eight years, it cannot be said that his fundamental right of speedy trial has not been infringed. 13. The Apex Court very recently in the case of Sahil Manoj Machare vs. State of Maharashtra, 2026 SCC OnLine SC 810, observed in para-6 as under: "6. We are mindful of the fact that the petitioner is charged with the offence of murder but time and again, we have said that howsoever serious the crime may be, if the right of speedy trial is infringed, then Court must consider the plea for bail appropriately." 14. Further, however apart from the present case, applicant is having criminal history of three other cases but he was not having any other previous criminal history and it reflects, when he was arrested in the present mater then he has been made accused in these cases. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Jay Singh, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the BAIL No. 30286 of 2026 2 satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 18. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 19. 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. September 16, 2026 Ankita BAIL No. 30286 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad