Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in
Case Details
Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30128 of 2022 Applicant :- Chand @ Arbaz Opposite Party :- State of U.P. Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.,Manoj Singh Hon'ble Manish Mathur,J.
Legal Reasoning
7. Considering the submissions advanced by learned counsel for the parties and upon perusal of the material on record, prima facie, and subject to further evidence being led in trial, it appears that although the body was found in the house of applicant's father who is co-accused but viscera report is not yet available and postmortem report does not indicate any external injury upon the body. There does not appear to be any motive attributed to applicant. The evidentiary value of extra-judicial confessional statement of co-accused is subject to corroboration by evidence during trial. The applicant is in jail since 24.02.2022 with only charge sheet having been filed. As such, without expressing any opinion on the merits of case, this Court finds, the applicant is entitled to be released on bail in this case. 8. Accordingly bail application is allowed. 9. Let applicant Chand @ Arbaz, 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. Digitally signed by GIREESAN KV Date: 2022.11.17 17:31:56 IST Reason: Location: High Court of Judicature at Allahabad Order Date :- 17.11.2022 kvg/-
Arguments
1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record. None has appeared for the informant. 2. This first bail application has been filed with regard to Case Crime No.88 of 2022, under Sections 302, 201 I.P.C., P.S. Lisadi Gate, District Meerut. 3. As per contents of first information report, the applicant is the step son of the deceased with marriage between his father and deceased having taken place sometime back. As per allegation, there was some dispute between husband and wife pertaining to a plot owned by the deceased. It is stated that on 12.02.2022, the applicant along with co-accused came to the house of informant to fetch the deceased who went with them but when the informant called his mother on 13.02.2022, the co-accused did not permit him to talk to her. It is also alleged that applicant along with his father who is co-accused were instrumental in causing death of the mother of informant whereafter they phoned a property dealer asking him to take possession of the house after breaking open the lock and was then that the dead body was discovered in the house. 4. Learned counsel for applicant submits that the story as narrated in the F.I.R. itself is extremely improbable and does not impute any motive on the applicant. It is submitted that the postmortem report does not indicate any external injury on body of the deceased and although viscera was preserved, its report is not yet available although charge sheet has been filed in the matter. It is submitted that the applicant has been taken into custody only on the basis of alleged extra-judicial confession of his father, who is co-accused. It is further submitted that as per allegations, the deceased was administered rat poison, which emits a foul smell and cannot be administered by deception. Attention has also been drawn to the inquest to indicate that the said report does not corroborate the charges levelled against applicant particularly the alleged extra-judicial confession of co-accused. 5. Learned Additional Government Advocate appearing on behalf of State has opposed the bail application with submission that the dead body was discovered in the house of the co-accused who is father of applicant for which presumption is upon him to discharge. It is submitted that co- accused has also confessed his crime indicating role of the applicant. 6. 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."