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ANISH KUMAR GUPTA
Rajeev Sachan – Appellant
Versus
State of U. P. – Respondent
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 ap
Bail is the rule and committal to jail is an exception; the presumption of innocence prevails at the pre-trial stage.
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.
Bail is a rule and imprisonment is an exception; the presumption of innocence must be upheld until proven guilty.
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.
Court while considering the application for bail with reference to Section 37 of the Act is not called upon to record a finding of not guilty. It is for the limited purpose essentially confined to th....
The court has the discretion to grant bail based on the nature and gravity of the offence, along with considering the facts & circumstances of the case.
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.
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