Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble Sameer Jain,J.
Uma Shankar Yadav – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Sameer Jain, J.
1. Heard Sri Akhilesh Singh, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 313 of 2024, under Sections 115(2), 352, 118(2), 324(2), 103(1), 3(5) BNS, Police Station-Bithoor, District- Kanpur Nagar, during pendency of the trial in the court below.
3. FIR of the present case was lodged against applicant and two others on 22.10.2024 at about 18.10 hours and according to FIR, on 22.10.2024 at about 4:00 p.m., applicant and other accused persons when started abusing then informant and his mother resisted and thereafter applicant dragged the mother of the informant and thereafter, co-accused Kripa Sankar and Daya Sankar ablazed her after pouring diesel upon her and when brother of the informant Ajay Yadav tried to save her then they also made assault upon him due to which, he sustained injuries.
4. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter. He further submits, initially FIR of the present case was lodged under Sections 115(2
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 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.
Bail is a rule, not an exception; an accused is presumed innocent until proven guilty, necessitating specific allegations for denial of bail.
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 cannot be denied based solely on allegations without substantial evidence; the presumption of innocence prevails.
Bail granted despite dowry allegations due to lack of prior criminal history and circumstances of the case.
Bail is a rule, and rejection is an exception; the presumption of innocence and absence of criminal history justify granting bail in cases of alleged medical negligence.
Bail may be granted when the applicant is not named in the FIR, lacks a criminal history, and demonstrates willingness to cooperate in trial proceedings.
The court emphasized that mere allegations of harassment are insufficient for abetment of suicide; clear evidence of incitement is required.
An accused is presumed innocent until proven guilty, and bail should not be denied without clear evidence of involvement in the alleged crime.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
