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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Sameer Jain,J.
Akram – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Sameer Jain, J.
1. Supplementary affidavit filed today on behalf of the applicants is taken on record.
2. Heard Sri Rahul Singh Dahiya and Sri Vijay Bahadur Yadav, learned counsels for the applicants, Sri S.M. Khan, learned counsel for the informant and Sri Shatruhan Yadav, learned AGA for the State.
3. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 203 of 2024, under Sections 191(2), 115(2), 105 B.N.S., Police Station Ahmadgarh, District Bulandshahr during pendency of the trial.
4. FIR of the present case was lodged on 16.08.2024 against applicants and four others under Sections 191(2), 115(2), 103(1) B.N.S. and according to the FIR on 15.08.2024 at about 4.00 PM in the evening husband of the informant had gone along with his younger brother on the field where applicants and four others made assault upon him and when brother-in-law of the informant came at the home to inform the other family members and after information when they arrived at spot then found that dead body of the husband of the informant was lying in the field.
5. Learned counsels for the applicants submitted that on the basis of false allegation, applic
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.
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.
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 is denied due to the serious nature of offenses and direct accusations against the petitioner.
The court held that the serious nature of the alleged crime and substantial evidence against the applicants warranted the denial of bail at this stage.
Bail granted based on insufficient evidence of guilt and clean antecedents of the defendants.
Bail granted based on insufficient direct evidence and clean antecedents, contrasted with serious accusations against co-appellant.
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