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2008 Supreme(All) 917
[2008(5) ADJ 281]
ALLAHABAD HIGH COURT
BEFORE : BARKAT ALI ZAIDI, J.
RAMAN ...........Applicant
Versus
STATE OF U.P. ...........Opposite Party
(Criminal Misc. Bail Application No. 2320 of 2008, decided on 15th April, 2008)
Counsel :
Prem Chandra and Narendra Mohan for the Applicant; Rajesh Kumar Singh, Mohd. Israil Siddiqui, A.G.A. for the Opposite Party.
Headnote:Criminal Procedure Code, 1973—Sections 439 and 161—(Indian) Penal Code, 1860—Section 307—Bail—Granting of—Applicant charged under Section 307 of IPC—Applicant/accused named in FIR—No motive assigned for assault—Either in FIR or in statement under Section 161 of Cr.P.C.—That must suffice for bail—Applicant be released on bail. [Paras 3, 4 and 5]
Hon’ble Barkat Ali Zaidi, J.—The aforenoted applicant is charged under Section 307, I.P.C., who is said to have fired at the injured person, who received injury in his abdomen.
2. Heard Sri Prem Chandra Advocate for the applicant and Mohd. Israil Siddiqui, Addl. Government Advocate for the State.
3. What is significant is, that despite the fact, that the accused is named in the First Information Report, no motive, whatsoever, has been assigned for the assault, either in the First Information Report or in the statement under Section 161, Cr.P.C.
4. It is true that absence of motive will not hinder conviction, if the evidence is otherwise, dependable and reliable, but at the initial stage, human mind remains inquisitive and does not feel fully satisfied, if no information, whatsoever, is given, as what occasioned the assault ? That must suffice for bail.
5. Applicant be released on bail on his furnishing a personal bond of Rs. 20,000 with one surety in the like amount to the satisfaction of the trial Court.
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