Yogesh v. State of U.P

Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31967 of 2023 Applicant :- Yogesh Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey,Mahipal Singh Counsel for Opposite Party :- G.A.,Ajay Kumar Pal Hon'ble Vikram D. Chauhan,J.

¶1Learned A.G.A. submits that instructions have been received and has no objection in case the bail application is heard on merits.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶3It is submitted by learned counsel for the applicant that eight nominated accused persons including the applicant alleged to have assaulted the three injured persons, as a result of the same, the injured sustained injuries. During investigation, the name of co-accused Rahul has been exonerated. The injury of Udham Singh is at page 22 of the paper book in which Injury no.2, 3 and 4 are simple in nature and injury no.1 was advised X-ray. The supplementary report is at page 36 of the paper book in which Injury no.1 is fracture in the nasal bone, which has been caused by hard and blunt object. 3A. Learned counsel for the applicant has drawn attention of this Court to the injuries of injured Bhagat Singh, who has suffered nine injuries which were advised C.T. Scan and X-ray. The supplementary report is at page 31 of the paper book in which the injuries were found to be fracture and injury in the parietal region. Learned counsel for the applicant has further drawn attention of this Court to the injury report of Dinesh in which two head injuries have been found. Even though, the injuries were life threatening however, in the statements of the injured witnesses, no specific role has been assigned to the accused persons. There are general role of assault has been assigned to the accused persons. The applicant has been falsely implicated in the present case. The applicant has no criminal history. Applicant is languishing in jail since 1.4.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

¶4Learned A.G.A. for the State opposed the prayer for bail but does not dispute factual matrix of the case.

¶5Learned AGA has not brought any fact or circumstances to indicate criminal history or antecedents of the applicant which would disentitle the applicant for Bail.

¶6It is not the case of the State that the applicant has not cooperated in the investigation or proceedings before the trial court.

¶7The 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 has not shown any exceptional circumstances which would warrant denial of bail to the Applicant.

¶8No 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.

¶9It 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.

¶10Learned 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. 10A. In the present case, it is to be seen that eight accused persons were initially assault the injured persons. Although, the injured have suffered injuries of fracture and head injuries. However, no specific role has been assigned to the accused persons. In criminal law a person can be prosecuted only for the offence which he has committed. In the present case, the applicant is not being prosecuted for any vicarious liability. The role assigned to the accused are general in nature in the statement of the injured persons. The applicant has no criminal history.

¶11Considering 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.

¶12Let the applicant Yogesh involved in Case Crime No.71 of 2023, under Sections 147, 148, 307, 384, 323, 504, 506, 324, 325 I.P.C., Police Station Barsana, District Mathura 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 applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. 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. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing.

¶13In 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 :- 28.11.2023 Bhaskar High Court of Judicature at Allahabad