The Allahabad High Court has granted bail to one Rajesh Prasad accused of murder and said that denial of an opportunity to the applicant to collect and adduce the evidence before the trial court will be contrary to the norms of processual fairness in criminal jurisprudence.
A Single Bench of Justice Ajay Bhanot passed this order while hearing a Criminal Misc Bail Application filed by Rajesh Prasad.
By means of the bail application the applicant has prayed to be enlarged on bail in Case at Police Station-Khukhundu, District-Deoria under Sections 147, 148, 302, 504, 506 IPC.
The applicant has been in jail since 02.03.2024. The first bail application of the applicant was rejected by the Court on 03.06.2024.
Counsel for the applicant said that the applicant is a law abiding citizen who cooperated in the investigation and has joined the trial proceedings. The applicant never tampered with the evidence nor did he influence any witness.
He further said that the applicant did not adopt dilatory tactics or impede the progress of the trial in any manner.
He also said that the trial is moving at a snail’s pace and shows no sign of early conclusion. The applicant cannot be faulted for the delay in the trial.
The Court noted that,
The status report sent by the trial court records that the prosecution proposes to examine 12 witnesses to bring home the charges. Seven prosecution witnesses including the material witnesses of fact namely the eye witness have already been examined. There is no possibility of the applicant influencing the said witnesses.
Prosecution evidence has been concluded and the stage is set for the defence evidence/Section 313 CrPC.
The Court observed that,
Continued imprisonment of the applicant will disable him from crafting an effective defence strategy, gathering evidence in his support thereof and tendering the same before the trial court to absolve himself of the charges. Denial of an opportunity to the applicant to collect and adduce the evidence before the trial court will be contrary to the norms of processual fairness in criminal jurisprudence.
The Court in Prabhat Gangwar v State of UP while considering the grant of enlarging an accused on bail for preparing his defence and gathering evidence to tender the same before the trial court for establishing his innocence held: “Nature and gravity of the offence is certainly liable to be considered by the court while considering grant of bail. The Court has also to factor the likelihood of whether the accused committed the offence while deciding a bail application.
The court also has to determine in the facts of the case whether the accused needs to be set at liberty to frame his defence and gather evidence to refute the prosecution case and establish his innocence. The bail court has to examine whether continued incarceration would disable the accused from tendering an effective defence of his case. This is a demand for processual fairness in criminal jurisprudence. Setting an accused at liberty at large on this ground cannot be applied mechanically in all cases. The issue has to be considered in the facts and circumstances of each case while doing so. All relevant facts including the evidence in the record, the conduct of the accused during the investigation as well as trial have to be advertised before a decision is made in this regard.”
Considering the aforesaid parameters in light of the above facts of the case, the Court opined that Prabhat Gangwar (supra) is applicable to the facts of the case.
“The applicant does not have any criminal history apart from the case. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending,” the Court further observed while allowing the bail application.
The Court ordered that,
Let the applicant-Rajesh Prasad be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.