Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12847 of 2025 Shivam Tomar State of U.P. Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) Satyam Narayan : : Anil Kumar Mishra, G.A. Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Rejoinder affidavit filed today is taken on record.
Legal Reasoning
3. Heard Sri Satyan Narayan, learned counsel for the applicant, Sri Raj Shekhar Pandey, Advocate holding brief of Sri Anil Kumar Mishra, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.16 of 2025, under Sections 103(1), 238A of B.N.S., Police Station Medical College, District Meerut, during the pendency of trial. 5. As per prosecution story, the FIR was instituted stating that an unknown dead body was recovered from the bushes within the jurisdiction of Police Station Medical College, District Meerut and after conducting post-mortem examination, the dead body was cremated, but it was identified on the basis of clothes and photographs by the father Aas Mohammad. 6. Later on, the statement of father of the deceased person was recorded, who had stated that the applicant was the friend of his son and both used to drink together, as such, he had seen the applicant taking something in a plastic bag on a scooty, in which the mother-in-law was seated as a pillion rider. 7. Learned counsel for the applicant has argued that the applicant is 2 BAIL No. 12847 of 2025 absolutely innocent and has been falsely implicated in the present case. The said statement has been garnered after legal consultation as a CCTV footage was also procured by the Investigating, in which the applicant and his mother-in-law were seen carrying plastic bag in between them on the scooty. The said plastic bag was being carried as certain clothes and other things were being taken to hospital for a patient and it was not a dead body. 8. Learned counsel for the applicant has further argued that there is no identification of the contents of the said plastic bag, as such, the applicant is entitled for bail. The criminal history of three cases assigned to the applicant stands explained. The applicant is languishing in jail since 16.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the post-mortem examination report matches with the occurrence as the timing as mentioned in it matches with the time of alleged offence and the CCTV footage and the statement of the father of the deceased person corroborate the prosecution story. 10. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, (2020) 11 SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out. 11. 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. 12. 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. 3 BAIL No. 12847 of 2025 13. 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”. 14. Learned A.G.A./State Law Officer could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant. 15. 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 A.G.A./State Law Officer. 16. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the allegations made against the applicant are on the basis of suspicion only, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 17. Let the applicant- Shivam Tomar, 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 18. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 19. 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 4 BAIL No. 12847 of 2025 opinion based on the testimony of the witnesses. October 10, 2025 (Ravi Kant) (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad