79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54882 of 2021 v. Central Bureau of Investigation 2022 Scc OnLine SC 825, the Supreme Court

suffered burn injuries although they had not put her to fire. She further stated that these acts were committed in a field and then she got free from the aforesaid persons and ran away.

6. In the affidavit filed in support of the bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case and that he has no criminal history. The applicant is languishing in jail since

03.10.2021.

7. In Satender Kumar Antil versus Central Bureau of Investigation 2022 Scc OnLine SC 825, the Supreme Court has reiterated that: - "11. The principle that bail is the rule and jail is the exception has been well the repetitive pronouncements of this Court." recognised through

8. The Supreme Court referred to a decision of this Court in Emperor v. H. L. Hutchinson AIR 1931 All 356 in which it was said that an accused person who enjoys freedom is in a much better position to look after his case and to properly defend himself than if he were in custody. As a presumably innocent person he is therefore entitled to freedom and every opportunity to look after his own case. A presumably innocent person must have his freedom to enable him to establish his innocence.

9. In Sanjay Chandra v. CBI, (2012) 1 SCC 40, the Hon'ble Supreme Court has observed that: "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.

22. From the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great hardship. From time to time, necessity demands that some unconvicted persons should be held in custody pending trial to secure their attendance at the trial but in such cases, "necessity" is the operative test. In this country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the most extraordinary circumstances.

23. Apart from the question of prevention being the object of refusal of bail, one must not loose sight of the fact that any imprisonment before conviction has a substantial punitive content and it would be improper for any court to refuse bail as a mark of disapproval of former conduct whether the accused has been convicted for it or not or to refuse bail to an unconvicted person for the purpose of giving him a taste of imprisonment as a lesson." 10. Having considered the aforesaid facts and submissions and keeping in view the fact that alleged victim had returned home on her own and she stated that the accused persons had poured petrol over her body, but they did not put her on fire; that she declined to under go internal medical examination and also keeping in view the fact that the applicant is languishing in jail since 03.10.2022, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.

11. Let the applicant – Akash be released on bail in Case Crime No.354 of 2021, under sections 323, 354, 366, 342, 504, 506, IPC, Police Station Sadar Bazar, District Agra on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not influence any witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

12. In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail. Order Date :- 1.9.2022 VKG GUPTA Reason: Location: High Court of Judicature at Allahabad