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. - 32073 of 2022 Applicant :- Ravi Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Prasad Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.
Legal Reasoning
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 Ravi 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 :- 23.9.2022 Prabhat Digitally signed by PRABHAT KUMAR Date: 2022.09.28 14:43:16 IST Reason: Location: High Court of Judicature at Allahabad
Arguments
1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record. 2. This first bail application has been filed with regard to Case Crime No. 162 of 2022 under Sections 302, 194, 34 IPC, P.S. Khatauli, District Muzaffar Nagar. 3. The applicant is the first informant in the first information report filed against three persons who are alleged to have murdered the father of applicant. The applicant has subsequently been apprehended on the basis of statements recorded during investigation. 4. Learned counsel for applicant submits that the applicant has been falsely implicated in the charges levelled against him and it was in fact the applicant who had filed the F.I.R. reporting the murder of his father. It is submitted that the applicant has been apprehended only on the basis of statements of family members indicating the fact that he was disturbed due to the criminal antecedents of his father and harboured animosity towards him due to the same. It is submitted that except for the alleged extra judicial confession made by the applicant, there is no direct or even circumstantial evidence linking the applicant with the crime alleged. It is submitted that even otherwise the chain of events is not complete to implicate the applicant. It is further submitted that co-accused Vikas and Mangeram have already been enlarged on bail by co-ordinate Bench of this Court in bail application Nos. 27057/2022 and 22832 of 2022. 5. Learned A.G.A. appearing on behalf of State has opposed bail application with the submission that the statement of witnesses recorded during investigation clearly indicate motive of applicant and his subsequent involvement in the crime alleged. 6. Considering submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that the applicant is the informant himself in the F.I.R. and has been apprehended only on the basis of an alleged extra judicial confession said to have been made by him. At this stage, there does not appear to be any direct or circumstantial evidence linking the applicant with the crime alleged. The chain of events also does not appear to be completed. The applicant is in jail since 14th April, 2022 and despite charge sheet having been filed, charges have yet not been framed. 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."