- In the case of Anokhi Lal Second Bail vs State of UP the Hon’ble Allahabad HC has observed that in a case where there is no possibility of the trial being concluded in the near future, and the applicant has been in jail for a substantially long period of time, then this long period of incarceration can be a fresh ground for the purpose of granting bail.
- The above observation was made by the Court while granting the bail application of the accused Anokhi Lal who was charged under sections 498A and 304B of IPC and section 3 and 4 of the Dowry Prohibition Act, and had been in jail since April 2018.
- While rejecting the first bail application, as pointed out by the Counsel for the applicant, the Hon’ble Court had directed the trial Court to expedite the trial and make every possible effort to conclude the trial within a five-month period. It was thus submitted by the Counsel that despite the above order, a three year period had passed but the examination of the prosecution witness had not been completed.
- The Counsel for the applicant had also contended that the applicant has been languishing in jail for a period of three years. He was also not a direct family member of the in-laws of the victim as he is a cousin brother of the husband. It was also argued that even though in the dying declaration, the victim had levelled the allegation on her mother-in-law and the applicant, yet the family members of the victim had given a statement that the main allegation is against the mother-in-law.
- It was also argued that the husband and the mother-in-law have both been granted bail. The Counsel relied upon the decision of the Apex Court in the case of Union of India vs KA Najeeb AIR 2021 SC wherein it was held that the liberty granted by Part III of the Constitution also covers within its ambit access to justice and a speedy trial. In the case of SC Legal Aid Committee Representing Undertrial Prisoners vs Union of India it was held that undertrial prisoners cannot be indefinitely detained pending trial. Once it has been established that a timely trial would not be possible and the accused has suffered incarceration for a significant period of time, the Courts would ordinarily be obliged to release them on bail.
- The Apex Court has also held in the case of Paras Ram Vishnoi vs The Director, CBI (2021) that during pendency of trial, the accused persons cannot be kept in custody for an indefinite period of time.
- Relying upon the aforementioned decisions, the Hon’ble HC was of the opinion that the aforesaid grounds can be considered as fresh to consider a second bail application. Thus, without going into the merits of the case, the instant second bail application was allowed.
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