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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANTOSH RAI
Deepak Kumar Chauhan – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
SANTOSH RAI, J.
1. Heard learned counsel for the applicant, Sri Sandeep Kumar Chaudhary, learned AGA for the State-respondents and perused the record.
2. This bail application has been moved on behalf of accused-applicant Deepak Kumar Chauhan seeking enlargement on bail in Case Crime No.190 of 2024, under Sections 147, 506 and 307 I.P.C., P.S. Lar, District Deoria.
3. Tersely, as per allegations contained in the F.I.R., accused applicant and five other accused persons have caused injury to the injured with hard and blunt object and sharp edged weapon (knife).
4. Learned counsel for the applicant submits that the accused-applicant has not committed any offence as alleged in the FIR and has been falsely implicated in this case due to ulterior motive. No specific and separate role has been assigned to the applicant either in the F.I.R. or in the statement of the injured. In the medical report three lacerated wounds were noted, in the X-ray report NAD has been detected. It is further argued that applicant has criminal history of three cases which have been explained in para-2 of the supplementary affidavit. The applicant is in jail since 19.07.2025. Submission is that the conclus
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.
Grant of Bail considering the nature of the offence, provision for initiation of cases and release the accused, material/evidence brought on record, complicity of the accused, severity of punishment.
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.
Bail is the rule and committal to jail is an exception; the presumption of innocence prevails at the pre-trial stage.
The court has the discretion to grant bail based on the nature and gravity of the offence, the arguments presented, and the circumstances of the case.
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.
Point of law: Rioting - Bail granted - Nature of evidence, the period of detention already undergone, unlikelihood of early conclusion of trial and also the absence of any convincing material to indi....
An accused is presumed innocent until proven guilty, and bail should not be denied without clear evidence of involvement in the alleged crime.
Criminal Trial - Bail Application - Nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view....
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