Bail is the rule and committal to jail is an exception; the presumption of innocence prevails at the pre-trial stage.

JUDGMENT

Anish Kumar Gupta, J.

Heard Sri. Deepak Singh Patel, learned counsel for the applicant and Sri. Kripa Shankar, learned A.G.A. for the State as well as perused the material on record.

2. The instant application under Section 439 Cr.P.C. has been filed on behalf of applicant-Rajeev Sachan with a prayer to enlarge him on bail in Case Crime No. 572 of 2023 under Sections 380, 411, 420, 467, 468, 471 I.P.C., Police Station-Nai Mandi, District- Muzaffarnagar during pendency of the trial.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the first information report dated 22.10.2023 has been lodged after six days of the incident against unknown person. It is further submitted that the applicant was not named in the FIR and he was arrested on the basis of confessional statement of the co-accused. It is further submitted that no incriminating article has been recovered from the possession of the applicant. The alleged recovery of Rs. 25,000/- has been made without complying the mandatory provision of Section 100(4) of Cr.P.C.

4. He has next argued that applicant has criminal history of two other cases, which has duly been explained in paragraph no. 17 of the affidavit. The applicant is languishing in jail since 20.11.2023.

5. Learned counsel for the applicant has relied upon the judgments of Apex Court in Ash Mohammad v. Shiv Raj Singh @ Lalla Babu and another, (2012) 9 SCC 446 and Prabhakar Tiwari v. State of U.P. and another, (2020) 11 SCC 648 wherein the Apex Court has observed that pendency of other criminal cases against the accused may itself cannot be a basis for refusal of bail. Lastly, he submits that co-accused Kuldeep has already been granted bail by this Court vide order dated 9.5.2024 passed in Criminal Misc. Bail Application No. 18030 of 2024 and the case of the applicant is similar to that of the co-accused-Kuldeep.

6. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

7. It is well settled position of law that bail is the rule and committal to jail is an exception and refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution [Vide State of Rajasthan v. Balchand @ Baliay (1977) 4 SCC 308 Gudikanti Narasimhulu And Ors v. Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429 and Satender Kumar Antil v. Central Bureau of Investigation & Another, (2021) 10 SCC 773.]

8. No material or circumstances has been brought to the notice of this Court with regard to tampering of evidence or intimidating of witnesses in previous criminal history.

9. Keeping in mind, larger mandate of Article 21 of the Constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, this Court is of the view that it is a fit case for grant of bail. Hence, present bail application is allowed.

10. Let applicant, Rajeev Sachan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

(i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person a