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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Shree Prakash Singh,J.
Ajay Kumar – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Home Deptt. 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. 219 of 2023, under sections 302 & 201 of the I.P.C., Police Station-Bachhrawan, District -Raebareli.
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 the applicant is not named in the first information report and the main accused is one, Manoj Kumar Kasyap, who admitted in his statement that he by way of some hard object, had beaten the deceased, who has already been enlarged on bail vide order dated 19- 12-2024 passed by this court in Criminal Appeal No. 3663 of 2024. He next added that on the basis of suspicion, the police has implicated the applicant and there is no ample evidence against him so as to lead to punishment. He submits that the applicant has no previous criminal history and he is languishing in jail since 20-04-2023. Further submitted that the applicant undertakes that i
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 principle of 'Presumption of Innocence Unless Proven Guilty' underpins the right to bail, and the burden lies on the prosecution to demonstrate exceptional circumstances warranting denial of bail....
The court emphasized the importance of personal liberty under Article 21, granting bail based on the victim's statement undermining the prosecution's case.
The court granted bail based on the applicant's distinct role in the crime, lack of motive, and cooperation with the investigation.
Bail granted - Failure by person released on bail or bond to appear in Court - On bail on his executing a personal bond and two sureties each in like amount to satisfaction of court concerned
Bail is a rule and imprisonment is an exception; the presumption of innocence must be upheld until proven guilty.
The court may grant bail based on the circumstances of the case, without expressing an opinion on the merit of the case.
The court granted bail due to lack of evidence against the applicant and his commitment to cooperate with trial proceedings.
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