Smt. Rekha Agnihotri vs State Of U.P.

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The applicant, Smt. Rekha Agnihotri, filed her second bail application under Section 439 of the Code of Criminal Procedure seeking enlargement on bail during trial in Special Sessions Trial No. 1263 of 2020 arising out of Case Crime No. 192 of 2020, involving offences under Sections 147, 148, 149, 302, 307, 504, 506, 353, 332, 333, 396, 412, 120B and 34 IPC, Section 7 Criminal Law Amendment Act, and Sections 3/4 Explosive Substance Act, registered at Police Station Chaubepur, District Kanpur Nagar. Her first bail application had been rejected on merits by this Court vide order dated 04.10.2021. The Supreme Court, in connected Special Leave to Appeal (Crl.) No. 15264/2025, had requested the High Court to take up and dispose of the bail application on the ensuing date.

The applicant contended that she was not named in the FIR and was implicated during investigation, that numerous co-accused had been granted bail by coordinate Benches of this Court, and that the trial was progressing slowly with only 17 witnesses examined out of 102 in the charge-sheet. The State opposed bail contending that the second bail application of co-accused Bablu @ Ballu Musalman @ Islam Beg raising similar arguments regarding trial delay had been rejected and the SLP against the same had been dismissed by the Apex Court, and that in reality only 35 witnesses were to be examined, of whom 19 had already deposed, leaving only 16 witnesses to be examined.

The matter was taken up pursuant to the Supreme Court's request and heard on merits, with the court considering the arguments advanced by both sides regarding parity with co-accused who had been granted bail, delay in trial, and the applicant's incarceration since 05.07.2020.

Catchwords: bail second bail application Section 439 CrPC murder dacoity explosive substances parity with co-accused delay in trial FIR not naming accused incarceration period Supreme Court direction