In a criminal miscellaneous bail application, the High Court formulated grounds for admitting notice and granted bail to the accused who was awaiting trial, observing that the prosecution had not established exceptional circumstances to deny liberty.
Application allowed; applicant released on bail upon furnishing a personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16046 of 2023
Applicant :- Sohan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Salman Ahmad,Basharat Ali Khan,Mohammad Fazil Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
Learned A.G.A. submits that instructions have been received and he has no objection in case the bail application is heard on merits.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that as per the prosecution case the alleged occurrence taken place on 14.10.2022. However, the first information report was lodged on 2.11.2022 after about 19 days with the allegation that on 14.10.2022 at about 7.00 pm the daughter of the informant was called by the applicant and when she reached Moradabad, the applicant has taken her to his village where there was a dispute with regard to some transaction and as a result of the same, the applicant has beaten and assaulted the daughter of the informant in which she has sustained injuries in the head, face and hands and she was admitted to the government hospital.
It is further submitted by learned counsel for the applicant that the first information report was lodged by delay of 19 days. A perusal of the injury report would demonstrate that the victim was brought to the hospital by 108 Ambulance.
Learned counsel for the applicant has drawn attention of this Court to the discharge and referral form, which is at page 23 of the paper book to submit that the case was accidental case when the victim was admitted in the hospital and even the Doctor has verified the fact that the victim was brought to the hospital by 108 Ambulance. There is a recovery of knife from the applicant after 20 days of the alleged incident from a public place. However, no blood stain was found on the aforesaid knife and there is no independent witness of the alleged recovery. The applicant has been falsely implicated in the present case. The applicant has no criminal history. Applicant
is languishing in jail since 3.11.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. for the State opposed the prayer for bail but does not dispute factual matrix of the case.
Learned AGA has not brought any fact or circumstances to indicate criminal history or antecedents of the applicant which would disentitle the applicant for Bail.
It is not the case of the State that the applicant has not cooperated in the investigation or proceedings before the trial court.
The principle that Bail is a rule and Jail is an exception has been well recognised by Apex Court more specifically on the touch stone of Article 21 of the Constitution. The said principle has been reiterated by the Apex Court in Satyendra Kumar Antil Vs Central Bureau of Investigation and another, 2022 (10) SCC 51 . Learned AGA has not shown any exceptional circumstances which would warrant denial of bail to the Applicant.
No material, facts or circumstances has been shown by learned AGA that the accused may tamper with the evidence or witnesses or the accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence.
It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.
Learned AGA for the State has not shown any material or circumstances that the accused/applicant is not entitled to bail in larger interests of the public or State.
Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sohan Singh involved in Case Crime No.0325 of
2022, under Sections 307, 325 I.P.C., Police Station Mundapandey, District Moradabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
5 . The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 19.4.2023 Bhaskar
Digitally signed by :- BHASKAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail under Section 439 CrPC in a criminal case.
Whether exceptional circumstances exist to deny bail despite the general presumption in its favour.
Colour shows how this judgement treated each authority
Satyendra Kumar Antil Vs Central Bureau of Investigation and anotherReferred¶14
Satyendra Kumar Antil Vs Central Bureau of Investigation and another, 2022 (10) SCC 51 · Who else cites this
Sohan Singh
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
