High Court

2. Heard Sri Sanjai Kumar Pandey, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

3. Applicant seeks bail in Case Crime No. 54 of 2025, under Sections 105 B.N.S. and Section 4/25 Arms Act, Police Station- Tharwai, District- Prayagraj, during the pendency of trial.

4. As per prosecution story, the applicant and the deceased person Ranjit Singh who were employee in a Dhaba had an altercation in the night of 12.03.2025 at about 11:00 PM, whereby the applicant is stated to have stabbed him causing grievous injuries to him. The injured was rushed to a nearby hospital by other persons from where he was referred to a better hospital, whereby the applicant was declared as brought dead in the night itself.

5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about 15 hours and there is no explanation of the said delay caused. It is a case of sudden provocation as is evident from FIR itself. There is no premeditated act conducted by the applicant to commit the said offence. It is true that deceased has sustained three injuries but only one injury i.e. injury No.3 is found to be fatal.

6. It is further argued by learned counsel for the applicant that there is no medical corroboration of the incident. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 14.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

7. Learned A.G.A. has vehemently opposed the bail application.

8. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception.

9. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been recapitulated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 INSC 690.

10. Reiterating the aforesaid view the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024 INSC 595 has again emphasised that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that “bail is a rule and jail is an exception”.

11. Learned AGA could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant.

12. 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.

13. The Supreme Court in Jalaluddin Khan vs. Union of India, (2024) 10 SCC 574, held that 'bail is the rule, jail is the exception' even in special statutes like the Unlawful Activities (Prevention) Act, 1967. If the conditions in the special statute for the grant of bail are met, then bail should be granted.

14. In the case of Thulia Kali vs The State of T.N. AIR 1973 SC 501, the Supreme has held that the First information report in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial. The object of insisting upon prompt lodging of the report to the police in respect of commission of an offence is to obtain early information regarding the circumstances in which the crime was committed, the names of the actual culprits and the part played by them as well as the names of eye witnesses present at the scene of occurrence. Delay in lodging the first information report quite often results in embellishment which is a creature of afterthought. On account of delay the report not only gets bereft of the advantage of spontaneity danger creeps in of the introduction of coloured version, exaggerated account, or concocted story as a result of deliberation and consultation.

15. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the delay of 15 hours and also it seems to be a case of sudden provocation 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.

16. Let the applicant- Ashok Kumar, who is involved in aforementioned 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.

17. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

18. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 7.8.2025 Karan (Justice Krishan Pahal)

2. Heard Sri Sanjai Kumar Pandey, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

3. Applicant seeks bail in Case Crime No. 54 of 2025, under Sections 105 B.N.S. and Section 4/25 Arms Act, Police Station- Tharwai, District- Prayagraj, during the pendency of trial.

4. As per prosecution story, the applicant and the deceased person Ranjit Singh who were employee in a Dhaba had an altercation in the night of 12.03.2025 at about 11:00 PM, whereby the applicant is stated to have stabbed him causing grievous injuries to him. The injured was rushed to a nearby hospital by other persons from where he was referred to a better hospital, whereby the applicant was declared as brought dead in the night itself.

5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about 15 hours and there is no explanation of the said delay caused. It is a case of sudden provocation as is evident from FIR itself. There is no premeditated act conducted by the applicant to commit the said offence. It is true that deceased has sustained three injuries but only one injury i.e. injury No.3 is found to be fatal.

6. It is further argued by learned counsel for the applicant that there is no medical corroboration of the incident. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 14.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

7. Learned A.G.A. has vehemently opposed the bail application.

8. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception.

9. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been recapitulated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 INSC 690.

10. Reiterating the aforesaid view the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024 INSC 595 has again emphasised that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that “bail is a rule and jail is an exception”.

11. Learned AGA could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant.

12. 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.

13. The Supreme Court in Jalaluddin Khan vs. Union of India, (2024) 10 SCC 574, held that 'bail is the rule, jail is the exception' even in special statutes like the Unlawful Activities (Prevention) Act, 1967. If the conditions in the special statute for the grant of bail are met, then bail should be granted.

14. In the case of Thulia Kali vs The State of T.N. AIR 1973 SC 501, the Supreme has held that the First information report in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial. The object of insisting upon prompt lodging of the report to the police in respect of commission of an offence is to obtain early information regarding the circumstances in which the crime was committed, the names of the actual culprits and the part played by them as well as the names of eye witnesses present at the scene of occurrence. Delay in lodging the first information report quite often results in embellishment which is a creature of afterthought. On account of delay the report not only gets bereft of the advantage of spontaneity danger creeps in of the introduction of coloured version, exaggerated account, or concocted story as a result of deliberation and consultation.

15. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the delay of 15 hours and also it seems to be a case of sudden provocation 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.

16. Let the applicant- Ashok Kumar, who is involved in aforementioned 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.

17. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

18. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 7.8.2025 Karan (Justice Krishan Pahal)