"Constitutional Promise Denied": Allahabad HC Grants Bail To Murder Accused Who Spent 11 Yrs In Jail For Want Of Legal Aid

The Allahabad High Court recently granted bail to a murder accused who spent more than 11 years in Jail as he could not get access to legal aid to move his bail application before the Court.While granting him bail, the bench of Justice Ajay Bhanot observed thus:"This is the first bail application which has been moved by the applicant before this Court. The applicant belongs to the bottom heap of humanity and unfortunately forgotten class of citizens. He did not have the resources to engage a counsel nor was he given to access to legal aid for these long years. The constitutional promise of securing justice has been denied to him. This appears to be a systemic failure."Further, the Court stressed that it is for all instruments of governance, the trial courts, the police authorities, and the legal services authorities to introspect and bring about necessary systemic corrections with the conviction that such a state of affairs will not be repeated. Consequently, the Court directed the District Legal Services Authorities in the State to draw up a list of prisoners who are incarcerated for long period and examine whether they have not been able to move bail applications due to penury and lack of access to legal aid. "Corrective measures should accordingly be taken. Legal aid workshop should be conducted in every jail in the State of Uttar Pradesh to ensure that such grievances are promptly redressed," the Court further ordered.Background of the caseThe applicant, who was booked under Sections 147, 148, 149, 302, 201, 120B, 34 I.P.C., had moved to the High Court after his bail application was rejected by Sessions Judge, Varanasi, in April 2022. His counsel Ashish Kumar Singh contends that he had been falsely implicated in the instant case and the applicant is the brother-in-law of the deceased. It was also argued that the applicant did not torture the deceased not did he demand dowry. In fact he never interfered the marital life of the deceased and her husband. Lastly, it was contended that inordinate delay in concluding the trial had led to virtually an indefinite imprisonment of the applicant without the prosecution evidence connecting the applicant to the offence. In view of this, noting that he had been in Jail since April 2011, the Court granted him bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below.Case title - Rajnish v. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 20805 of 2022]Case Citation: 2022 LiveLaw (AB) 421Click Here To Read/Download Order

"Constitutional Promise Denied": Allahabad HC Grants Bail To Murder Accused Who Spent 11 Yrs In Jail For Want Of Legal Aid

Sparsh Upadhyay

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