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IN THE HIGH COURT OF ALLAHABAD
SUBHASH VIDYARTHI, J.
Mukesh Kumar – Appellant
Versus
State of U.P. – Respondent
Criminal Misc. Bail Application No. 2882 of 2023
Decided On : 03-10-2023
Bail - Threatening and Extortion - The court allowed the bail application of the applicant, Mukesh Kumar, in Case Crime No. 478 of 2022, under Sections 386 and 506 I.P.C. and 3/25 Arms Act, registered at Police Station Millarea (Industrial Area), District Raebareli, based on the assertion of innocence and lack of dispute from the opposing counsel.
Fact of the Case:
The applicant filed for bail in a case where he was accused of threatening the informant for extorting money. The applicant claimed innocence and alleged false implication.
Finding of the Court:
The court, without affecting the merits of the case, found the facts and circumstances sufficient to grant bail to the applicant, Mukesh Kumar.
Issues: The issues involved the alleged threatening and extortion by the accused, as well as the applicant's innocence and false implication.
Ratio Decidendi: The court allowed the bail application based on the lack of dispute from the opposing counsel and the assertion of innocence by the applicant.
Final Decision: The bail application of the applicant, Mukesh Kumar, was allowed, and he was to be released on bail subject to certain conditions.
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Sri Bharat Kumar Dixit, learned counsel for the applicant, Sri Akhilesh Kumar Vyas, learned A.G.A. for the State and Sri Jaikaran, learned counsel for the informant and perused the records.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 478 of 2022, under Sections 386 and 506 I.P.C. and 3/25 Arms Act, registered at Police Station Millarea (Industrial Area), District Raebareli.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.11.2022 against three persons, including the applicant, alleging that the accused persons are threatening the informant for extorting money from him.
4. In the affidavit filed in support of bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.
5. A supplementary affidavit has been filed on behalf of the applicant explaining his alleged involvement in 27 other cases, 8 of which have been mentioned wrongly and in all the other cases, the applicant has already been granted bail. Both the other named accused persons Badal Singh and Raghvendra Singh @ Subham Singh have already been granted bail.
6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.
7. Having considered the aforesaid facts and circumstances of the case and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.
8. Accordingly, this bail application stands allowed.
9. Let the applicant-Mukesh Kumar be released on bail in Case Crime No. 478 of 2022, under Sections 386 and 506 I.P.C. and 3/25 Arms Act, registered at Police Station Millarea (Industrial Area), District Raebareli on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:
(ii) the applicant shall not pressurize the prosecution witnesses.
(iii) the applicant shall appear on each and every date fixed by the trial court.
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 main legal point established in the judgment is that an accused may be granted bail based on factors such as not being named in the F.I.R., being arrested on the information of a squealer along w....
Granting bail based on lack of specific allegation, absence of criminal history, and parity with co-accused.
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.
The court considered the applicant's criminal history, the arguments of the learned counsel, and the fact that five co-accused persons had already been granted bail in the same case before deciding t....
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 court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The main legal principle established is that bail is the rule and committal to jail is an exception, and the purpose of keeping the accused person in detention during the trial is to secure their att....
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