Point of Law: a humane attitude is required to be adopted by a judge, while dealing with an application for remanding a suspect or an accused person to police custody or judicial custody. There are several reasons for this including maintaining the dignity of an accused person, howsoever poor that person might be, the requirements of Article 21 of the Constitution and the fact that there is enormous overcrowding in prisons, leading to social and other problems as noticed by this Court in In Re-Inhuman Conditions in 1382 Prisons

JUDGMENT :

SAMIT GOPAL, J.

1. Heard Sri. R.P.S. Chauhan, learned counsel for the applicants in both the bail applications who is present in Court, Sri. Shiv Nath Singh, learned Senior counsel assisted by Sri. Surya Bhan Singh, learned counsel on behalf of the first informant through video conferencing and Sri. I.P.S. Rathore, learned AGA for the State who is also present in Court and perused the material on record.

2. These bail application under Section 439 of Code of Criminal Procedure have been filed by the applicants Rishipal Singh and Abhishek Alias Fota, seeking enlargement on bail during trial in connection with Case Crime No. 399 of 2019, under Sections 302, 120B IPC registered at P.S. Chhajlet, District Moradabad.

3. Vide order dated 26.08.2020 passed by this Court, office was directed to trace out a supplementary affidavit sent by the learned counsel for the applicants through e-mail to the nominated e-mail ID of the office of this Court as the same was not on record. As per office report dated 27.08.2020 a supplementary affidavit has been traced out and the same is placed on record which is bearing no. 3 of 2020. The compliance of the order dated 26.08.2020 has thus been done by the office.

4. Since both the bail applications relate to the same case crime number and the applicants herein are co-accused in the same, the same are being heard together are being decided by a common order. Learned Senior Counsel appearing for the first informant and the learned AGA have no objection to the same.

5. Sri. R.P.S. Chauhan, learned counsel for the applicant states that he shall be referring to the paper book of bail application of Rishipal Singh while arguing the matter.

6. Sri. R.P.S. Chauhan, learned counsel for the applicants argued that the occurrence in the present matter took place on 01.11.2019 at about 9.15 a.m. for which a first information report was lodged on 02.11.2019 at about 22.12 hours by Sharad Kumar son of the deceased which was registered under Section 307 IPC against unknown persons. Version as stated in the first information report is that of 01.11.2019 at about 9.15 a.m. the father of the first informant namely Suraj Singh along with the wife of the first informant namely Smt. Poonam Rani who is a teacher in a primary school were going on motorcycle driven by Suraj Singh for dropping Smt. Poonam Rani to the school and when they reached somewhere between Chhajjupura and Pachokara a Scorpio vehicle came from the front and hit them as a result of which both the persons fell down. The vehicle was occupied by 34 unknown persons who were armed with lathi, danda and sariya who with an intention to kill, started assaulting his father on which his wife raised a shout whereon one person ran to assault his wife and on seeing persons coming from the nearby fields who were working their all the persons fled away in the said vehicle. Father of the first informant was left in a bad condition at the said place who as of know is in AIIMS Delhi and his treatment is going on but his condition is very critical. It is thus, stated in the first information report that the family members of the first informant are facing threat of their lives from the unknown assailants. It is thus, stated in the end that a report against the said unknown assailants be registered and legal action be initiated.

7. It is argued that the first informant is not an eye witness of the incident.

8. Learned counsel has then placed the injury report of the injured Suraj Singh which is annexure 2 to the affidavit prepared while he was in an injured condition and while placing the said injury report has argued that the injury 4 being a lacerated wound appears to be a fatal injury as the other 5 injuries cannot in any manner be construed to be fatal at all. Further learned counsel has then placed another injury report of Suraj Singh which along with other documents is also annexed as annexure 2 particularly at page 50 of the paper book and has argued that the cont