Supreme Court: In a special leave to appeal against the judgment and order passed by the Allahabad High Court, wherein the Court rejected the bail application of the accused as he did not appear before the Trial Court, the division bench of B.R. Gavai and Prashant Kumar Mishra, JJ. released the accused on bail and stated that since the accused is in prison, therefore, it was the duty of the police authorities to produce him before the Trial Court
The Court noted that the accused is behind bars since one year four months and the charge sheet has already been filed.
Further, it noted that the bail application was rejected as the accused did not appear before the Trial Court. The Court said that since the accused is in prison, therefore, it was the duty of the police authorities to produce him before the Trial Court. The accused cannot be blamed for negligence on behalf of the police authorities. Thus, the accused is entitled to be granted bail.
[Satendra Babu v State of UP, Special Leave to Appeal (Crl.) No(s). 8247/2023, Order dated 06-09-2023]
Advocates who appeared in this case :
For Petitioner(s): Advocate-On-Record Divyesh Pratap Singh, Advocate Shivangi Singh, Advocate Vikram Pratap Singh, Advocate Ranjana Singh, Advocate Amit Sangwan, Advocate Jai Inder, Advocate Naman Bhardwaj
For Respondent(s): Advocate-On-Record Sanjay Kumar Tyagi, Advocate Aviral Saxena, Advocate Mangal Prasad, Advocate S.K. Tomar, Advocate Ajay Kumar Pandey, Advocate Mayur Raj