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2024 Supreme(Online)(ALL) 783

HIGH COURT OF ALLAHABAD
Hon'ble Saurabh Shyam Shamshery,J.
Man Singh – Appellant
Versus
State Of U.P. – Respondent
CRIMINAL MISC. BAIL APPLICATION No. - 3446 of 2023 at Allahabad



Important Points

The court emphasized that bail is the exception in serious cases like acid attacks, where evidence of conspiracy and the victim's ongoing recovery are critical factors.

Subject

Criminal Law - Bail Applications

Act Referred

Indian Penal Code : S.307,S.352,S.326A,S.420

Headnote

(A) Indian Penal Code, 1860 - Sections 307, 352, 326A/34 and 420 - Bail application arising from an acid attack case - Victim, a Bank Manager, was attacked due to her refusal to sanction illegal loans - The court emphasized the seriousness of acid attacks and the need for stringent action against perpetrators. (Paras 5, 14, 17)

(B) Bail Jurisprudence - The court reiterated that bail is the rule and jail is the exception, considering factors such as the gravity of the accusation and the likelihood of the accused absconding. (Paras 17, 18)

Facts of the case:
The applicants sought bail after being accused of conspiring to commit an acid attack on the victim, who was targeted for rejecting loan applications. The attack was premeditated, and the applicants had been in custody for over a year. (Paras 6, 12)

Findings of Court:
The court found that the nature of the crime, the ongoing recovery of the victim, and the evidence against the applicants did not warrant bail. (Paras 17, 18)

Issues: The main issues included the sufficiency of evidence against the applicants and the seriousness of the acid attack. (Paras 11, 17)

Ratio Decidendi: The court ruled that the gravity of the crime and the evidence of conspiracy justified the denial of bail, emphasizing the need for a thorough investigation and trial. (Paras 17, 18)

Result: Bail applications rejected.

Advocates:
Petitioner: Vishnu Murti Tripathi
Respondent: G.A. and Sunil Choudhary

1. Heard Sri Vishnu Murti Tripathi, learned counsel for applicant- Man Singh, Sri Kripa Shankar Pandey, learned counsel for applicant-Santlal, Sri Pawan Shukla, learned counsel for applicant- Dharmendra, Sri Sunil Chaudhary, learned counsel for informant and Sri Roshan Kumar Singh, learned A.G.A. for State. 2. None appeared on behalf of applicant-Dilip Kumar. 3. Applicants are seeking bail arising out of Case Crime No.191 of 2022 under Sections 307, 352, 326A/34 and 420 of I.P.C. Police Station-Charwa, District-Kaushambi.

4. All the bail applications are arising out of same case crime number, therefore, decided by this common order.

5. Present case is arising out of an occurrence of an Acid attack. 6. Victim was working as a Bank Manager. On day of occurrence while she was travelling, two unknown persons came on a motorcycle and threw acid on her. A prompt F.I.R. was lodged by her father.

7. During investigation, name of applicant and other co-accused came into light that they all act as Brokers in the bank to facilitate sanctioning of loan etc and when the victim while exercising her duties as Bank Manager rejected some of loan applications, she was pressurized. However, when she did not succumb to their pressure it led her to suffer an acid attack.

8. It has been brought on record that some of co-accused have been granted bail mainly on ground that their names were disclosed in confessional statement of co-accused. However, bail application of one of co-accused namely Mohd. Azam was rejected by co-ordinate Bench of this Court vide order dated 20.2.2023, Neutral Citation No.2023:AHC:41353.

9. According to prosecution story, all accused persons hatched a conspiracy to commit crime of acid attack to deter the victim to succumb to pressure and to pass loan illegally. Victim has submitted various applications that not only she, but her family was pressurized to withdraw the case. However, it appears that cognizance has not been taken of it. Documents in this regard are being part of counter affidavit which is filed by son of informant.

10. Co-ordinate Bench while rejecting bail application of co- accused Mohd. Azam has also taken note of injury report of victim, CCTV Footage, call detail reports as well as criminal history of twenty cases registered against him.

11. Arguments have been raised by counsel for applicants that motive assigned was not supported by any cogent evidence.

Theory of conspiracy also does not have support of any cogent evidence. There was no eye witness that applicants were involved in actual crime, other co-accused have already been granted bail and that victim has not suffered any grievious injury.

12. Learned counsel for the applicants further submits that applicants are languishing in jail since 17.8.2022 and 18.8.2022 respectively i.e. about one year and eight months and there is no likelihood of early disposal of trial and the applicants undertake that if enlarged on bail, they will never misuse their liberty and will co-operate in the trial.

13. Learned A.G.A. as well as learned counsel for informants have vehemently opposed the bail applications and referred documents placed on record by way of above referred counter affidavit, wherein there is discharge summary of the victim that she was given treatment at a hospital with history of chemical burn for surgical management in the Department of Plastic Surgery of Apollo Hospital.

14. Legislature has taken note that incidents of acid attack frequently occurred, therefore, in the year 2013, Section 326A of IP.C. was inserted by an Act 13 of 2013 and for reference same is mentioned hereinafter:

    “S.326A : Voluntarily causing grievous hurt by use of acid, etc.
    [Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge tha

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