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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Sameer Jain,J.
Shamim – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Sameer Jain, J.
1. Heard Sri Mohd. Nadeem, learned counsel for the applicant, Sri Deepak Singh, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-I for the State.
2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 632 of 2024, under Sections 191(2), 191(3), 109(1), 190, 352, 351(3), 118(1) B.N.S., Section 11 Animal Cruelty Act and Section 4/25 Arms Act, Police Station Bahjoi, District Sambhal during pendency of the trial.
3. FIR of the present case was lodged against applicant and six others and according to the FIR due to the assault made by applicant and other accused persons through sharp edge weapon informant and five others sustained injuries.
4. Learned counsel for the applicant submits, on the basis of false allegation applicant has been made accused in the present matter along with six other accused persons. He next submits, only general allegations have been leveled against all the accused including applicant.
5. He further submits, however, as per prosecution, in the alleged incident six persons sustained injuries but except injured Rinku, injuries sustained by all the injured were on their non v
The court granted bail due to lack of evidence linking the applicant to a serious injury, emphasizing the importance of individual circumstances in bail decisions.
An accused is presumed innocent until proven guilty, and bail should not be denied without clear evidence of involvement in the alleged crime.
Bail should not be denied for punitive purposes, and the presumption of innocence must be upheld, particularly when evidence does not conclusively link the accused to the crime.
The court ruled that the totality of evidence, including the FIR and dying declaration, suggested the applicant's involvement in the crime, justifying the rejection of bail.
Bail is a rule, not an exception; an accused is presumed innocent until proven guilty, necessitating specific allegations for denial of bail.
A bail application can be granted when no specific role is identified for the accused in the FIR, considering the principles of pre-trial rights and the mandate of Article 21.
The discrepancy between the allegation of assault and the actual injury report influenced the court's decision on the bail application.
The court grants bail based on insufficient evidence against the petitioner and consideration of his clean record.
The main legal point established in the judgment is the application of the principle of presumption of innocence and the right to life and liberty in granting bail to the accused.
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