The presumption of innocence, judicious exercise of discretion in granting bail, and specific factors to be considered in bail decisions.

JUDGMENT :

DINESH KUMAR SHARMA, J.

1. Present bail application has been filed seeking regular grant of bail in case FIR No. 0270/2022 dated 05.05.2022. registered under Sections 304/34 IPC at PS Harsh Vihar.

2. The facts in brief, as stated in the status report, are that on 02.05.2022., a lady namely Babli who is resident of the same street in which the eyewitness Sh. Sube Singh resides was coming from the side of Maharana Pratap School and going towards her home. Sh. Sube Singh stated before the IO that a boy i.e. deceased Sudhir was following Babli, who was looking drunk and staggering. The witness stated that when the deceased reached at the corner of the street, he fell on Babli and her leg fell into the drain. It was further stated that Babli's house was about 20 to 25 steps far from where this incident occurred. When she made noise, the petitioner who is the son of Babli, came out of the house. Babli complained that the boy i.e. deceased was misbehaving with her and slapped the deceased Sudhir. Allegedly, the petitioner also started hitting the deceased. In this scuffle, the deceased fell down. Thereafter another boy came there and also started kicking the deceased, who was already down. In this, the deceased also fell into the drain. Allegedly, two other boys also came who also started beating the deceased. Allegedly, all of them were kicking the deceased. However, on the intervention of the wife and son of Sh. Sube Singh, the police was called but before the police could arrive, Sudhir slowly left the spot.

3. On the next day, at around 6 a.m., when the complainant came to the street, he saw the deceased lying on the slab in front of Maharana Pratap School. Sh. Sube Singh went to the boy and picked him up. The condition of Sudhir was very bad and he was complaining about pain in his abdomen and could not walk. On the mobile number being given, the brother of deceased Sudhir was called and he was taken to the hospital. However, Sudhir succumbed to his injuries during the treatment. During the course of investigation, the petitioner along with Gulab Singh was arrested. Charge-sheet has been filed against the petitioner, Gulab Singh and Babli, however, Babli was not arrested.

4. Learned APP submits that there is only one eye witness in this case and if the petitioner is released on bail he may threaten the witness. Learned Additional P.P. submits that the other co-accused Gulab Singh is in judicial custody. The bail has been opposed on the ground that the offence is very grave and serious in nature.

5. Learned counsel for the petitioner submits that the allegation against the present petitioner is that he had slapped the deceased or at the best kicked him. Learned counsel submits that the quarrel took place at the spur of the moment when the deceased fell down on the mother of the petitioner and petitioner had simply come to help her mother. Learned counsel submits that the petitioner is in custody since 07.09.2022.. It has been submitted that the petitioner is a young married man of about 30 years of age and has clean antecedents.

6. I have considered the submissions.

7. It is well settled that the grant of bail is the Rule and refusal is the exception, so as to ensure that the accused has the opportunity of securing fair trial. At pre-conviction stage there is always a presumption of innocence in the favour of the accused. Each bail application is to be decided on the basis of its peculiar facts and circumstances. No straitjacket formula exists for disposal of a bail application. The grant of bail requires the consideration of various factors which ultimately depends upon the specific facts and circumstances of the case before the Court. However, certain salient factors that are considered while granting bail pertain to the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence; reasonable apprehension of tampering with the witness or apprehension of threat to the complai