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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Shree Prakash Singh,J.
Ateek Beg @ Gandhi – Appellant
Versus
State Of U.P. Thru. Addl. Chief Secy. Home Lko. – Respondent
JUDGMENT :
Shree Prakash Singh, J.
1.Heard learned counsel for the applicant, learned 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. 143 of 2024, under sections 302, 396, 149, 406 & 506 of the I.P.C., Police Station-Kurebhar, District-Sultanpur.
3. 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 added that because of some monetary dispute in between the deceased and the co- accused persons, namely, Priyanshu Dubey & Shadab Beg,Priyanshu Dubey opened fire over the deceased, as result whereof,he died. He next added that the allegation in the first information report, is evident that the role assigned to the present applicant is of catching hold as well as exhortation and the main role is assigned to Priyanshu Dubey and thus, the role of the present applicant is distinguishable from the role of the main accused namely, Priyanshu Dubey. He submits that the evidences, which are collected by the Investigating OfÏcer, are also in the sa
The court granted bail based on the applicant's distinct role in the crime, lack of motive, and cooperation with the investigation.
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.
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.
Bail is the rule and jail is the exception; personal liberty under Article 21 must be upheld in the absence of strong evidence against the accused.
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