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AJIT SINGH
Raghvendra Singh Alias Rahul – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Ajit Singh, J.
Heard learned counsel for the applicant, the learned A.G.A. and perused the record.
2. This is a bail application on behalf of the applicant in connection with Case Crime No.253 of 2022, under Sections 419 , 420, 467, 468, 471, 274, 275, 34 IPC. and section 18 (a) (i), 18 (c) and 27 of the Drugs and Cosmetic Act, Police Station Kotwali, district Prayagraj.
3. The first information report of this incident was lodged by the complainant against the present accused and others and it was mentioned in the FIR that on 21.10.2022 the first informant along with other police personnel were present at Swarooprani Medical College then the police informer has informed that some persons were doing work of selling and buying fake platelets and thereafter they raided and arrested ten accused persons, in which two persons had fled away. It is further mentioned that from the possession of the applicant, six pouch plasma, three pouch platelets, one Samsung phone and one phone of Realme of black colour were recovered.
4. The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior
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 based on the applicant's lack of prior criminal history and insufficient evidence against him, emphasizing the rights under Article 21.
The court's decision to grant bail was influenced by the absence of criminal antecedents, severity of punishment, and totality of facts and circumstances.
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 has the discretion to grant bail based on the nature and gravity of the offence, the arguments presented, and the circumstances 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....
Bail is a rule and imprisonment an exception; presumption of innocence must be upheld unless proven guilty.
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