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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Shree Prakash Singh,J.
Ranjeet Pandey – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lucknow – Respondent
JUDGMENT :
Shree Prakash Singh, J.
1.Heard learned counsel for the applicant, learned counsel for the complainant as well as 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. 61 of 2023, under sections 420, 406, 506, 467, 468, 471, 120-B of IPC , P.S.- Indira Nagar, District - Lucknow.
3. The 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 submits that the only allegation against the applicant is that on the instance of him, the complainant has given some amount to Virender Kumar/co-accused who later on died. He added that there is no documentary proof with respect to any amount given to the present applicant and further submits that there was some dispute in between the parties which is being given colour of criminality and there was no criminal intent to commit any offence as is alleged in the first information report. He added that the applicant has two cases criminal history which has been explained and the applicant is languish
The court granted bail due to lack of evidence against the applicant and his commitment to cooperate with trial proceedings.
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 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 emphasized the importance of personal liberty under Article 21, granting bail based on the victim's statement undermining the prosecution's case.
Bail granted based on duration of custody, claimed false implication, and charge sheet submission.
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....
Bail is a right under Article 21 of the Constitution, and the burden of proof lies on the prosecution to demonstrate the necessity of continued detention.
The court may grant bail based on the nature of allegations, period of custody, and the circumstances of the case, without expressing any opinion on the merits of the case.
Grant of Bail considering the nature of the offence, provision for initiation of cases and release the accused, material/evidence brought on record, complicity of the accused, severity of punishment.
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