NIPENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri. Shahabuddin, advocate, appearing for the applicant and A.G.A. for the State on the third bail application which has been moved on behalf of the applicant Nipendra, who is facing trial in S.T. No. 598 of 2004, State v. Vaibhav Maheshwari and Ors. arising out of Case Crime No. 243 of 2004 under Sections 302, 307, 452 and 506, I.P.C., P.S. Amroha Nagar district J.P. Nagar.

(2.) THE First Bail Application Bearing No. 19973 of 2004 was rejected on merit vide order dated 1.2.2005. Thereafter, Second Bail Application Bearing No. 19638 of 2005 was moved, which was also rejected on merit vide order dated 30.7.2007.

(3.) IN my considered opinion, on the basis of long incarceration in jail also, the applicant cannot be released on bail. In this context, reference may be made to the case of Pramod Kumar Saxena v. Union of India and Ors., (LXIII)2008 ACC 115 : : 2008 (3) ACR 3216 in which the Hon'ble Apex Court has held that mere long period of incarceration in jail would not be per se illegal. If the accused has committed offence, he has to remain behind bars. Such detention in jail even as an under trial prisoner would not be violative of Article 21 of the Constitution.