IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1140 OF 2024
(Arising out of S.L.P.(Criminal) No. 15286 of 2023)
BADAL @ INDIWAR … APPELLANT(S)
VS.
STATE OF U.P. … RESPONDENT(S)

O R D E R
Leave granted.
Heard the learned senior counsel appearing for the parties.
The appellant was arrested on 1 st May, 2019. The charge-sheet has also been filed. The order dated 12 th January, 2024 passed by this Court reads thus:
“The petitioner has already undergone incarceration for about 04 years and 07 months. The trial has hardly progressed. Only to enable the respondent/State to record the evidence of the material eye- witnesses, we adjourn the Special Leave Petition till 23 rd February, 2024. No further time shall be granted.
The learned counsel appearing for the respondent-State states that no antecedents of the petitioner have been reported as of today.”

The learned senior counsel/AAG appearing for the respondent-State states that after 12 th January, 2024, no prosecution witness has been examined. Hence, in the facts of case, the appellant deserves to be enlarged on bail.

For that purpose, the appellant shall be produced before the Trial Court within a period of one week from today. The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions including the condition of regularly attending the trial and cooperating with the Trial Court for early disposal of the case.
The appeal is accordingly allowed.
……………………..J.
(ABHAY S.OKA)

……………………..J.
(UJJAL BHUYAN)
NEW DELHI;
February 23, 2024.
Criminal Appeal @ SLP(Criminal) No.15286/2023 Page 2 of 4

ITEM NO.10 COURT NO.7 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 15286/2023
(Arising out of impugned final judgment and order dated 06-01-2023 in CRMBA No. 12428/2021 passed by the High Court of Judicature at Allahabad)
BADAL @ INDIWAR Petitioner(s)
VERSUS
STATE OF U.P. Respondent(s)

Date : 23-02-2024 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE ABHAY S. OKA
HON’BLE MR. JUSTICE UJJAL BHUYAN
For Petitioner(s)
Mr. S.R.Singh, Sr. Adv.
Mr. Sushant Kumar Yadav, Adv.
Mr. Ajay Yadav, Adv.
Mr. Prateek Yadav, Adv.
Mr. Mangal Prasad, Adv.
Mr. Gaurav Lomes, Adv.
Mr. Prithvi Yadav, Adv.
Mr. Anurag Singh, Adv.
Ms. Swapnil Singh, Adv.
Mr. Sanjiv Tandan, Adv.
Mr. Ankur Yadav, AOR

For Respondent(s)
Mr. Ardhendhumauli Kumar Prasad,Sr.Adv./A.A.G.
Mr. Adarsh Upadhyay, AOR
Mr. Kamlesh Kumar Maurya, Adv.
Ms. Ananya Sahu, Adv.
Mr. Aman Pathak, Adv.

UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed in terms of the signed order.

The appellant shall be produced before the Trial Court within a period of one week from today. The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions including the condition of regularly attending the trial and cooperating with the Trial Court for early disposal of the case. Pending application, if any, also stands disposed
of.
(ANITA MALHOTRA) (AVGV RAMU)
AR-CUM-PS COURT MASTER
(Signed order is placed on the file.)