Amritpal Singh Alias Amrit vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in Case Crime No. 68 of 2018, under Sections 302, 307, 506 and Section 34 IPC, Police Station Bazpur, District Udham Singh Nagar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

This is third bail application of the applicant; his first bail application was dismissed as withdrawn on 30.07.2020; his second bail application was dismissed on merits on 05.10.2021.

Learned counsel for applicant would submit that the applicant is in custody since 05.02.2018; he is in custody for more than seven years; trial has yet not been completed; in fact, a statement was also given that the matter is fixed at advance stage of hearing in the trial. Learned counsel for the applicant would also submit that the applicant has also been examined under Section 313 of the Code of Criminal Procedure, 1973 (“the Code”). Thereafter, the applicant has not sought any adjournment.

Learned State counsel would submit that after completion of the prosecution on 20.08.2024, two adjournments have been sought by the applicant. The applicant has not been examined under Section 313 of the Code and other accused have also taken adjournments. Finally, on 17.02.2024, examination of the accused under Section 313 of the Code is complete. Now the matter is fixed for arguments.

Delay in trial is definitely a consideration for grant of bail. In the instant case, all the witnesses have already been examined. Admittedly, the applicant is in custody for more than seven years now. It commands this Court to grant bail to the applicant.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

The bail application is allowed.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.