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IN THE HIGH COURT OF ALLAHABAD
Saurabh Shyam Shamshery, J.
Kalley Rana @ Devendra Rana – Applicant
Versus
State of U.P. – Opposite Party
Criminal misc. Bail application No. 45563 of 2022
Decided On : 26-04-2023
Advocate Appeared:
For the Applicant : Adesh Kumar, Barkha Chaudhary, C.L. Chaudhary
The court's decision was influenced by the strength of the evidence, the criminal history of the accused, and the delay in trial proceedings.
Headnote:
BAIL - Criminal Misc. Bail Application - Section 302 I.P.C. - [Section 302 I.P.C.] - [Summary of bail laws and relevant case laws]
Fact of the Case:
The applicant filed a Criminal Misc. Bail Application seeking bail after the rejection of his previous bail application in a case involving Section 302 I.P.C. The applicant argued that the evidence against him was weak and that he had no criminal motive. The prosecution opposed the bail application, citing the brutal nature of the murder.
Finding of the Court:
The court found that the evidence against the applicant was weak, and considering his criminal history and the slow trial proceedings, granted him bail with specific conditions.
Issues: The main issue was whether the applicant should be granted bail in a case involving Section 302 I.P.C., considering the nature of the evidence and the delay in trial proceedings.
Ratio Decidendi: The court considered the nature and strength of the evidence, the criminal history of the accused, and the delay in trial proceedings as key factors in granting bail.
Final Decision: The bail application was allowed, and the applicant was granted bail with specific conditions.
JUDGMENT :
1. This Court has passed following order on 15.3.2023:
"This matter was earlier listed on 30.1.2023, 3.2.2023 and thereafter on 1.3.2023, but the matter was adjourned either on the ground that counsel for applicant did not appear or there was a request for adjournment.
Today also there is a request for adjournment.
List after six weeks subject to deposit of Rs.500/-to be paid by counsel for the applicant before High Court Legal Services Authority.
A copy of this order be provided to applicant, who is in jail, through Superintendent of Police (Jail) concerned within 48 hours.
High Court Legal Services Authority as well as District Legal Services Authority shall also take steps to appoint Amicus Curiae after taking consent of applicant so that the matter will be heard finally on the next date."
2. Today, Sri Chhotey Lal Chaudhary, Advocate appeared and submitted that he has been appointed as Amicus Curiae after taking due consent from the applicant. A photo copy of the letter of applicant as well as authorization letter in favour of Sri Chhotey Lal Chaudhary, Advocate is taken on record.
3. The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.171 of 2022, under Section 302 I.P.C., Police Station-Hastinapur, District-Meerut after rejection of his Bail Application vide order dated 8.9.2022 passed by learned Sessions Judge, Meerut.
4. Learned counsel for the applicant submitted that F.I.R. was lodged against the applicant only on the basis of suspicion that he was last seen with the victim. According to postmortem report, cause of death was antemortem injuries which are (four in numbers). He further submitted that evidence against the applicant is his confessional statement as well as recovery of brick and there is no evidence in regard to any motive.
5. Learned counsel for the applicant further submitted that criminal history of seven cases are either in respect of Excise Act or of minor offences, wherein the applicant has already been enlarged on bail. He lastly submitted that applicant is in jail since 24.8.2022, trial is proceedings at snail's speed and there is no likelihood of early of early disposal of trial and the applicant undertakes that if enlarged on bail he will never misuse his liberty and will co-operate in the trial.
6. Sri Rishi Chaddha, learned A.G.A. has opposed the bail application and submitted that nature of antemortem injuries indicate that it was a brutal murder. However, he has not dispute that evidence against the applicant is of last seen, applicant's confessional statement and recovery of a brick.
7.LAW ON BAIL -A SUMMARY
(A) The basic rule may perhaps be tersely put as bail, not jail.
(B) Power to grant bail under Section 439 Cr.P.C., is of wide amplitude but not an unfettered discretion, which calls for exercise in a judicious manner and not as a matter of course or in whimsical manner.
(C) While passing an order on an application for grant of bail, there is not need to record elaborate details to give an impression that the case is one that would result in a conviction or, by contrast, in an acquittal. However, a Court cannot completely divorce its decision from material aspects of the case such as allegations made against accused; nature and gravity of accusation; having common object or intention; severity of punishment if allegations are proved beyond reasonable doubt and would result in a conviction; reasonable apprehension of witnesses being influenced by accused; tampering of evidence; character, behaviour, means, position and standing of accused; likelihood of offence being repeated; the frivolity in the case of prosecution; criminal antecedents of accused and a prima facie satisfaction of Court in support of charge against accused. The Court may also take note of participation or part of an unlawful assembly as well as that circumstantial evidence not being a ground to grant bail, if the evidence/ materi
