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RAJEEV MISRA
Ramkesh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Rajeev Misra, J.
Heard Mr. Sunil Kumar Dubey, the learned counsel for applicant, the learned A.G.A. for State and Mr. Rajiv Sisodia, the learned counsel representing first informant.
2. Perused the record.
3. This application for bail has been filed by applicant-Ramkesh, seeking his enlargement on bail in Case Crime No. 307 of 2022, under Sections 323 , 304, 308, 504, 506 IPC, Police StationBaccharayun, District-Amroha during the pendency of trial.
4. Record shows that in respect of an incident, which is alleged to have occurred on 25.11.2022, a prompt FIR dated 25.11.2022 was lodged by first informant-Mohit Kumar and was registered as Case Crime No. 307 of 2022, under Sections 323 , 504, 506 IPC, Police Station-Baccharayun, District-Amroha. In the aforesaid FIR, applicant-Ramkesh Singh has been nominated as solitary named accused.
5. The gravamen of the allegations made in the FIR to the effect that named accused assaulted the maternal grandmother (Nani) of the first informant namely Naththho Devi on account of which, she sustained injuries. The FIR further states that Mausi of the first informant namely Rakesh Devi was also abused and assaulted by the applicant.
6. After
Bail can be granted if the nature of alleged offenses does not justify custodial detention, particularly when the accused has clean antecedents and no immediate act causing fatal consequences is esta....
The court established that the seriousness of the charges and the evidence against the accused are critical factors in determining bail eligibility under Section 439 Cr.P.C.
The court affirmed that in serious offenses, circumstantial evidence and severity of potential punishment must prevail in bail considerations, denying the petitioner's release amid serious accusation....
The severity of the offences, the common object of the accused, and the inability to ascertain individual roles at the pending trial stage were crucial in the court's decision to dismiss the bail app....
A subsequent bail application can only be considered if there is a material change in circumstances; absence of such change upholds previous bail rejections.
The main legal point established in the judgment is that bail is the rule and jail is an exception, especially in cases where there is delay in concluding the trial and no conclusive evidence connect....
The court denied bail due to the serious nature of the offense and the risk of tampering with evidence, emphasizing the need for judicial integrity.
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