(Bela M. Trivedi and Prasanna B. Varale, JJ.)
Brajesh Yadav ____________________________________ Appellant;
v.
State of Uttar Pradesh and Another _________________ Respondent(s).
Criminal Appeal No. 503 of 2025 (Arising out of SLP (Criminal) No. 13517 of 2024), decided on January 31, 2025
The Judgement of the court was delivered by
Judgment
1. Leave granted.
2. Heard learned counsel for the parties.
3. The present appeal is directed against the impugned judgment and order dated 18.10.2023 passed by the High Court of Judicature at Allahabad in CRMBA No. 22970 of 2023, whereby the High Court has rejected the said application of the appellant seeking bail in connection with Case Crime No. 438 of 2021 dated 16.08.2021 registered at Police Station – Cant., District Varanasi for the offence punishable under Sections 364, 302, 201, 120-B of the IPC.
4. It is sought to be submitted by the learned counsel for the appellant that out of 63 witnesses, the prosecution has examined only four witnesses and the evidence of PW-5 is going on. He further submitted that the appellant is in jail since September, 2021 and none of the four witnesses, who were supposed to be the material witnesses have identified the appellant.
5. The learned counsel appearing for the respondent No. 1 – State does not dispute the said position. However, he submits that the appellant was involved in signing the Gift Deed in respect of the property in question for which the deceased was murdered.
6. Though, normally, we do not have entertained the present appeal, when the trial has already commenced, however, since the appellant is languishing in jail since last more than four years and only 04 witnesses out of 63 witnesses have been examined by the prosecution, in our opinion, it appears that the trial shall take some more time. Hence, without entering into the merits of the case, and without expressing any opinion on the merits of the case, we are inclined to accept the present appeal. Hence it is directed that the appellant shall be released on bail in connection with Case Crime No. 438 of 2021 dated 16.08.2021 registered at Police Station – Cant., District Varanasi for the offence punishable under Sections 364, 302, 201, 120-B of the IPC, subject to the terms and conditions that may be imposed by the Trial Court.
7. It goes without saying that any breach of the conditions that may be imposed by the Trial Court for releasing him on bail and non-cooperation of the appellant in proceeding further with the trial shall entail cancellation of the bail.
8. Subject to the afore-stated, the present appeal stands allowed.
9. Pending application(s), if any, shall stand disposed of.
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