Allahabad High Court
Gaurav vs State Of U.P. And Another on 23 August, 2022
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35734 of 2022
Applicant :- Gaurav
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ravi Agrawal
Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicant and learned A.G.A. appearing on behalf of State.
2. First bail application has been filed with regard to case crime No. 153 of 2022 under Sections 147, 148, 149, 323, 324, 307, 452, 427, 504 and 506 IPC, P.S. Singhawali Ahir, District Baghpat.
3. As per contents of first information report, the incident is said to have occurred on 12th May, 2022 where the applicant along with co-accused is alleged to have entered into a house of the complainant and inflicted injuries upon his family members due to which they were grievously injured.
4. Learned counsel for applicant submits that the applicant has been falsely implicated in the charges levelled against him. It is submitted that even otherwise taking the contents of F.I.R. at face value, although not admitting to the same, only a general role has been assigned to the applicant without indicating any weapon in his hand. It is further submitted that none of the injuries allegedly inflicted can be linked to the applicant. It has been further submitted that co-caused Vivek, Suraj, Bhola alias Vinay and Anuj have already been enlarged on bail by various orders passed by this court which are on record as Annexure No.5 onward.
5. Learned A.G.A. appearing on behalf of State has opposed the bail application with the submission that perusal of the F.I.R. clearly makes out a cognizable offence being made out.
6. Considering the submissions advanced and upon perusal of material on record, prima facie, subject to further evidence being led that only a general allegation has been levelled against the applicant and none of the injuries appear to be linked or related to the applicant. Bail orders of co-accused are also on record.
7. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :-
"21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty."
"27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution."
8. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case.
9. Accordingly bail application is allowed.
10. Let applicant, Gaurav, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 23.8.2022
Prabhat
