Sachin and Another v. State of U.P.And 3 Others

Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26431 of 2023 Applicant :- Sachin And Another Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Deepak Kumar,Amit Kumar,Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.,Amit Rana Hon'ble Vikram D. Chauhan,J.

¶1Learned A.G.A. for the State submits that notice with regard to present bail application has been served on the informant and further submits that instructions have been received and has no objection in case the bail application is heard on merits.

¶2Learned A.G.A. for the State submits that instructions have been received and has no objection in case the bail application is heard on merits.

¶3Heard learned counsel for the applicants, Sri Anuj Chaudhary holding brief of Sri Amit Rana, learned counsel for the informant and learned A.G.A. for the State and perused the record.

¶4It is submitted by learned counsel for the applicants that general role of assault has been assigned to the applicants. The co-accused Ujjwal @ Ujjwal Gaud has already been granted bail and applicants' role is similar to the co-accused and they are entitled to be released on bail. The applicants have no criminal history. Applicants are languishing in jail since 17.04.2023 and in case they are released on bail, they will will not misuse the liberty of bail and will cooperate in the trial.

¶5Learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail but do not dispute the parity.

¶6Learned AGA for the State has not brought any fact or circumstances to indicate criminal history or antecedents of the applicant which would disentitle the applicant for Bail.

¶7It is not the case of the State that the applicant has not cooperated in the investigation or proceedings before the trial court.

¶8The 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

¶51Learned AGA for the State has not shown any exceptional circumstances which would warrant denial of bail to the applicant.

¶9No material, facts or circumstances has been shown by learned AGA for the State 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.

¶10It 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.

¶11Learned 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.

¶12Considering 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.

¶13Let the applicants Sachin and Dinesh, involved in Case Crime No. 159 of 2023, under sections 147, 148, 149, 323, 324, 307, 354-Gha, 34 I.P.C. and Section 7/8 POCSO Act, Police Station Noorpur, District Bijnor, 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:- i. The applicants will not tamper with the evidence during the trial. ii. The applicants will not pressurize/intimidate the prosecution witness. iii. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicants shall make himself available for interrogation by a police officer as and when required. iv. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected. v. The applicants 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. vi. The applicants shall not leave India without the previous permission of the Court. vii. In the event, the applicants change residential address, the applicants shall inform the court concerned about new residential address in writing.

¶14In 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 :- 3.11.2023 K.K. Maurya High Court of Judicature at Allahabad