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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Sameer Jain,J.
Khushal – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Sameer Jain, J.
1. Heard Sri Ram Raj Pandey, learned counsel for the applicant, Sri Arvind Kumar Mishra, 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. 317 of 2024, under Sections 109, 351(2), 131, 191(2), 190 B.N.S., Police Station Doghat, District Baghpat during pendency of the trial.
3. FIR of the present case was lodged against applicant and nine others and six-seven unknown persons and according to the FIR applicant and other accused persons made assault and due to the assault made by them number of persons 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 as many as 15 accused persons and actually it is a case in which mob made assault and applicant never participated in the incident.
5. He further submits, however, as per prosecution in the incident four persons sustained injuries and out of four persons three persons sustained injuries on their head but there is no evidence that applicant caused injury any of them.
An accused is presumed innocent until proven guilty, and bail should not be denied without clear evidence of involvement in the alleged crime.
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.
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 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.
Bail is a rule, not an exception; an accused is presumed innocent until proven guilty, necessitating specific allegations for denial of bail.
The court grants bail based on insufficient evidence against the petitioner and consideration of his clean record.
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.
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.
Bail can be granted when allegations are not specific and co-accused have been released, reflecting the principle of equality in legal treatment.
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