Point of Law: powers of the Court while considering bail application as “we are of the opinion that while it is true that Article 21 is of great importance because it enshrines the fundamental right to individual liberty, but at the same time a balance has to be struck between the right to individual liberty and the interest of society. No right can be absolute, and reasonable restrictions can be placed on them. While it is true that one of the considerations in deciding whether to grant bail to an accused or not is whether he has been in jail for a long time, the Court has also to take into consideration other facts and circumstances, such as the interest of the society

JUDGMENT :

RAHUL CHATURVEDI, J.

1. Supplementary affidavit filed on behalf of applicant, taken on record.

2. Heard Shri Pankaj Kumar Shukla, learned counsel for the applicant, Shri Amit Daga, Advocate assisted by Shri Sandeep Kumar, learned counsel for the informant and learned A.G.A. Perused the record.

3. By means of the present bail application the applicant, who is facing prosecution in connection with Case Crime No. 179 of 2019, u/s 147, 307, 504, 506, 306 IPC, P.S. Surir, District-Mathura, is seeking his enlargement on bail during trial. The applicant is an elderly person of 75 years and is in jail since 03.10.2019.

4. Text of the F.I.R. is that on 23.8.2019 at 15.30 hours all the named accused i.e. Satyapal, Bablu, Than Singh, Shibbo and the applicant Mohan Shyam armed with lathi, danda and sariya intruded the house of the complainant and inflicted serious injuries on the parent of the complainant i.e. Smt. Chandrawati and Jogendra, with the intention to grab the house, of which a written report was made but the FIR could not be registered under the clout of the applicant who happens to be a muscleman and a man of chequered history. Taking advantage of the situation, the applicant and other named accused persons used to regularly visit the parent of the complainant and threaten them with dire consequences. Somehow the persons in duress mustered enough courage to get the FIR registered at Police Station Surir, but their misfortune followed them as the applicant along with the accomplices caught hold of them near the police station, set them ablaze after sprinkling some oily material and took to their heels. The ill-fated old burning couple managed to rush in the police station premises itself. Experiencing heat of the hours, the police personnel got them admitted in the hospital. On 30.8.2019 the FIR in this regard was got registered by one Jagdish at Police Station Surir, District Mathura.

5. Injured Jogendra, on 31.8.2019 after getting recorded his dying-declaration, flat lined his breath at Safdarganj Hospital, Delhi on 01.9.2019 at 7.50 A.M. The cause of death is shown to be septic shock as he sustained 75% deep thermal burn over his body. The dying-declaration of the deceased is annexed as Annexure-4 to the petition.

6. At this juncture, learned counsel for the applicant requested the Court that before evaluating the text of the F.I.R. (Case Crime No. 179 of 2019) and dying-declaration of the deceased dated 31.8.2019, the incident prior to the instant one, must also be taken into account as the same have a vital and pivotal role in adjudicating the present bail application.

7. It has been further submitted by learned counsel for the applicant that the applicant, aged about 75 years has been implicated due to perfunctory handiwork of the police, just to save the skin of some erring police personnel, who if at all taken timely action with alacrity against the offenders then this early incident might not have occurred. While pleading the innocence of the present octogenarian applicant, the counsel uttered an old saying “All are not thieves that the dogs bark at.” It has been strenuously contended by learned counsel for the applicant that the present F.I.R. is a typically handiwork and a typical modus operandi of the local police to save themselves from the clutches of departmental inquiry and consequent actions.

8. Learned counsel for the applicant has drawn attention of the Court to Annexure-2 to the petition i.e. the F.I.R. No. 173 of 2019, u/s 452, 354, 323, 324 I.P.C. referring the date of incident 23.8.2019, of which the F.I.R. was got lodged on 28.8.2019 at 12.21 hours by Jogendra Singh, when he was alive, against only one accused Satyapal S/o Than Singh, with specific allegation that on 23.8.2019 the named accused, in intoxicated condition, intruded his house and started misbehaving with his wife Chandrawati and on resistance by the wife, he committed marpeet and hit iron rod (sariya) blow over her head. Soon thereafter,