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SUBHASH VIDYARTHI
Sumit Singh – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Lko. – Respondent
JUDGMENT :
Subhash Vidyarthi, J.
1. Heard Sri Girish Kumar Pandey, learned counsel for the applicant, Sri Ambrish Verma, learned AGA-I for the State, Sri Ram Charitra Pandey, learned counsel for the informant and perused the record.
2. The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 0322 of 2022, under Sections 147, 148, 149, 326, 504, 506, 34 IPC, Police Station Machhrehta, District Sitapur.
3. The aforesaid case has been registered on the basis of an FIR lodged on 24.10.2022 at 20:30 hrs against seven persons, including the applicant, alleging that all the accused persons had attacked the informant and his family members at about 07:30 p.m. on 24.10.2022. The FIR states that the applicant's father Siddheswar Singh had hit the informant with spade and all the other accused persons had also beaten him up.
4. In the affidavit filed in support of the bail application it has been stated that the applicant is innocent, he has falsely been implicated in the present case and that he has no criminal history.
5. The applicant's father co-accused Siddheswar Singh has filed an application under Section 156(3) Cr.P.C. regarding t
Granting bail based on lack of specific allegation, absence of criminal history, and parity with co-accused.
The court may grant bail based on the assertion of innocence and lack of dispute from the opposing counsel, without affecting the merits of the case.
The judgment emphasized the importance of considering the factual background and the distinction between civil and criminal disputes in determining the applicability of legal precedents.
The main legal point established in the judgment is the application of the principle of presumption of innocence and the right to life and liberty in granting bail to the accused.
Bail granted where allegations are general and petitioner's detention time is considerable.
Repeated offenders who commit crimes while on bail should not be granted bail, and the trial should be expedited. The nature of offenses and the general conduct of the accused are crucial factors in ....
The granting of bail can be influenced by factors such as the involvement of the accused, the nature of the alleged crime, and the actions taken by the prosecution and other involved parties.
The key legal principle established is that bail may be granted based on the circumstances of false implication and the lengthy trial process.
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