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SHREE PRAKASH SINGH
Vishal Bora – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Lko. – Respondent
JUDGMENT :
(Shree Prakash Singh, J.)
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 0449 of 2024, under sections 191(2),191(3), 190,61(2),109,115(2) & 351(2) of the Bhartiya Nyay Sahhita, 2023, Police Station-Gomti Nagar, District -Lucknow.
3. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He next added that the applicant is not named in the First Information Report and even in the CCTV footage he is not found opening fire over the injured. Adding his argument he submits that co-accused-Yuvraj Singh having similar role, has been granted bail in Criminal Misc. Bail Application No.- 11591 of 2024, therefore, the applicant, who is languishing in jail since 25.9.2024 may be enlarged on bail on the ground of parity. He added that there is no previous criminal antecedent of the applicant. He further submits that the applicant undertakes that in case, he is granted bail, he will not misuse
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.
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....
The court granted bail due to lack of evidence against the applicant and his commitment to cooperate with trial proceedings.
The principle of parity in bail applications allows for granting bail to an applicant with no criminal history when co-accused with a criminal history are granted bail.
Bail is the rule and jail is the exception; personal liberty under Article 21 must be upheld in the absence of strong evidence against the accused.
Bail is the rule and jail is the exception; personal liberty under Article 21 must be upheld unless substantial grounds exist to deny bail.
The court emphasized the importance of personal liberty under Article 21, granting bail based on the victim's statement undermining the prosecution's case.
Bail is the rule and committal to jail is an exception; the presumption of innocence prevails at the pre-trial stage.
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