Bail: Bail can be granted despite the presence of the accused if he is in police custody

Bail: Bail can be granted despite the presence of the accused if he is in police custody

1. The petitioner is behind the bars from a period of one year four months and the charge-sheet has already been filed.

2. The bail application of the petitioner is opposed on the ground that the petitioner did not appear before the Trial Court and as such warrants came to be issued.

3. Since the petitioner is in prison, therefore, it was the duty of the police authorities to produce him before the Trial Court. The petitioner cannot be blamed for the negligence on behalf of the police authorities.

4. As such, the petitioner is entitled to be granted bail.

5. The petitioner is directed to be released on bail in connection with Case Crime No. 351 of 2021 registered at Police Station Bhamora, District Bareilly, Uttar Pradesh, to the satisfaction of the Trial Court.

6. The petitioner is directed to cooperate with the expeditious disposal of the trial.

7. The special leave petition is disposed of accordingly.

8. Pending applications, if any, stand disposed of.

Party

SATENDRA BABU vs. STATE OF U.P – Petition(s) for Special Leave to Appeal (Crl.) No(s). 8247/2023 – 06-09-2023.

https://main.sci.gov.in/supremecourt/2023/23322/23322_2023_4_2_46873_Order_06-Sep-2023.pdf

Satendra Babu vs. State of U.P 2332220234246873order06-sep-2023-491671

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