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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
DEEPAK VERMA, J.
Asif – Appellant
Versus
State of U.P. – Respondent
Criminal Misc. Bail Application No. 37185 of 2022
Decided On : 12-10-2022
Indian Penal Code, 1860 - Sections 147, 148, 149, 323, 307, 504, 506, 354, 427, 336, 452 - Application on Bail - Falsely Implicated - Instant bail application has been filed with a prayer to release applicant on bail - Learned counsel for applicant submitted that applicant is innocent and has been falsely implicated in present case due to ulterior motive.
Findings of the Court:
Considering entire facts and circumstances of case, submissions of learned counsel for parties and keeping in view nature of offence, evidence, complicity of accused and without expressing any opinion on merits of case and law laid down by Apex Court in Satendra Kumar Antil vs. C.B.I. and Another, Court is of view that applicant has made out a case for bail - Let applicant, who is involved in aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in like amount to satisfaction of court concerned subject to following conditions.
Result: Application allowed.
JUDGMENT :
DEEPAK VERMA, J.
1. Heard Sri Mohd. Faiz, learned counsel for the applicant, Sri Ram Adhar Ram, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 216 of 2022, registered under Sections 147, 148, 149, 323, 307, 504, 506, 354, 427, 336, 452 I.P.C. Police Station Baheri, District Bareilly during pendency of the trial.
3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is a case of counterblast as both the parties have lodged FIR and both the parties have sustained injuries. It cannot be said that who is the aggressor. Injuries received by opposite side are simple in nature. He next submitted that co-accused, namely, Kasim, has been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 21270 of 2022 vide order dated 15.07.2022, hence, the applicant is also entitled for bail on the ground of same footing. The applicant has no previous criminal history. The applicant is languishing in jail since 02.04.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.
4. Learned A.G.A. has opposed the bail prayer of the applicant.
5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil vs. C.B.I. and Another, S.L.P. (Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicant, Asif, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified:
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The court granted bail based on the applicant's lack of prior criminal history and insufficient evidence against him, emphasizing the rights under Article 21.
Point of law: Rioting - Bail granted - Nature of evidence, the period of detention already undergone, unlikelihood of early conclusion of trial and also the absence of any convincing material to indi....
An accused person is entitled to bail unless there is a likelihood of fleeing or tampering with witnesses, or the nature of the accusations and the severity of the punishment warrant denial of bail.
A bail application can be granted when no specific role is identified for the accused in the FIR, considering the principles of pre-trial rights and the mandate of Article 21.
The court established that bail can be granted when the nature of allegations is not serious, and there is a lack of incriminating evidence, especially when co-accused have been granted bail under si....
The consensual nature of a relationship and the lack of evidence can be considered as grounds for granting bail in cases involving serious charges.
The court granted bail based on the principle of parity, lack of prior criminal record, and the applicant's undertaking to cooperate with the trial.
Grant of Bail considering the nature of the offence, provision for initiation of cases and release the accused, material/evidence brought on record, complicity of the accused, severity of punishment.
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