High Court · 2025

Applicant :- Ishrat And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

1. List has been revised.

2. Heard Sri Sandeep Kumar Srivastava, learned counsel for the applicants and Sri Ram Sajivan Prajapati, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the material placed on record.

3. Applicants seek bail in Case Crime No. 71 of 2025, under Sections 115(2), 352, 351(2), 109(1) of BNS,, Police Station - Shivala Kala, District -Bijnor, during the pendency of trial.

4. As per prosecution story, brother of the informant Kavendra Singh received a phone call from Ram Avtar that some persons have come to his house and are abusing him. Subsequently, Kavendra Singh reached to the place of occurrence and all the accused persons including the applicants assaulted them with lathi, danda and sharp edged weapon, as such Ram Avtar sustained grievous injury on his body.

5. Learned counsel for the applicants has argued that the applicants are innocent and have been falsely implicated in the present case. They have nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about 12 hours and there is no explanation of the said delay caused.

6. Learned counsel has also stated that the statement of injured person was recorded under section 180 BNSS whereby he has made general and omnibus allegations against all the accused persons. Nothing abnormal was detected in the X-ray report, as such it is a clear cut case of false implication.

7. Learned counsel has next contended that the applicants are languishing in jail since 04.06.2025 having no criminal history to his credit. In case, the applicants are released on bail, they shall not misuse the liberty of bail and shall cooperate with trial.

8. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicants and also the fact that the applicants have no criminal history.

9. 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. 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 reiterated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2022 (10) SCC 51. Learned AGA could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant.

10. It is a 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 applicants 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.

11. The said viewpoint was shared in AIR 1924 Cal 476 Nagendra Nath Chakrabarthi v. King-Emperor, whereby the High Court held that bail's purpose is to secure the accused's attendance, not to punish. Courts must consider accusation nature, evidence, likely sentence, and accused's character.

12. In Meerut Conspiracy Case, reported in AIR 1931 All 356 – Emperor v. Hutchinson and AIR 1931 All 504 – K. N. Joglekar v. Emperor, this Court held that High Court's bail power under S.498 CrPC is unfettered but must be exercised judicially. Bail is generally the rule; refusal is exception.

13. In Sanjay Chandra Vs. Central Bureau of Investigation, AIR 2012 SC 830, it was reiterated that object of grant of bail to an accused of an offence is neither punitive nor preventive in nature. The true object behind grant of bail is to secure appearance of accused during trial. Refusal of bail and detention of under trial prisoner in jail to an indefinite period violative of Article 21 of the Constitution. The court should keep in view the principle that grant of bail is the rule and committal to jail an exception. Seriousness of the offence is not to be treated as the only consideration in refusing bail.

14. Overcrowding in jails and inordinate delay in disposing of cases often result in undertrial prisoners, who are presumed innocent and incarcerated through no fault of their own, being deprived of their fundamental rights. The failure to ensure a speedy trial despite overcrowding and systemic inefficiencies violates the right to personal liberty under Article 21. Overcrowding further compounds the problem, as jails house far more inmates than their capacity, with the majority being undertrials which leads to the loss of identity and dignity of prisoners. The state and judiciary are constitutionally mandated to ensure that undertrial prisoners are not wrongfully confined for extended periods and that trials are conducted expeditiously to uphold justice and human dignity. These factors make it entirely justifiable to invoke Article 21 protections in such cases. (See: Inhuman Conditions in 1382 Prisons, In re, (2017) 10 SCC 658; State Of Rajasthan Vs. Balchand AIR 1977 SC 2447; and Ashim vs. National Investigation Agency (2022) 1 SCC 695)

15. Reiterating the aforesaid view, the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 INSC 595, has again emphasized 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".

16. 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.

17. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR and also considering the fact that there are general and omnibus allegations by the injured person against all the accused persons, I find it a fit case to release the applicants on bail. The bail application is allowed.

18. Let the applicants- Ishrat and Jaheed, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with the evidence during trial. ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. iii) The applicants shall appear before the trial court on the date fixed.

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

20. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 11.8.2025 Sumit S (Justice Krishan Pahal) SUMIT SRIVASTAVA High Court of Judicature at Allahabad

Applicant :- Ishrat And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

1. List has been revised.

2. Heard Sri Sandeep Kumar Srivastava, learned counsel for the applicants and Sri Ram Sajivan Prajapati, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the material placed on record.

3. Applicants seek bail in Case Crime No. 71 of 2025, under Sections 115(2), 352, 351(2), 109(1) of BNS,, Police Station - Shivala Kala, District -Bijnor, during the pendency of trial.

4. As per prosecution story, brother of the informant Kavendra Singh received a phone call from Ram Avtar that some persons have come to his house and are abusing him. Subsequently, Kavendra Singh reached to the place of occurrence and all the accused persons including the applicants assaulted them with lathi, danda and sharp edged weapon, as such Ram Avtar sustained grievous injury on his body.

5. Learned counsel for the applicants has argued that the applicants are innocent and have been falsely implicated in the present case. They have nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about 12 hours and there is no explanation of the said delay caused.

6. Learned counsel has also stated that the statement of injured person was recorded under section 180 BNSS whereby he has made general and omnibus allegations against all the accused persons. Nothing abnormal was detected in the X-ray report, as such it is a clear cut case of false implication.

7. Learned counsel has next contended that the applicants are languishing in jail since 04.06.2025 having no criminal history to his credit. In case, the applicants are released on bail, they shall not misuse the liberty of bail and shall cooperate with trial.

8. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicants and also the fact that the applicants have no criminal history.

9. 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. 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 reiterated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2022 (10) SCC 51. Learned AGA could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant.

10. It is a 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 applicants 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.

11. The said viewpoint was shared in AIR 1924 Cal 476 Nagendra Nath Chakrabarthi v. King-Emperor, whereby the High Court held that bail's purpose is to secure the accused's attendance, not to punish. Courts must consider accusation nature, evidence, likely sentence, and accused's character.

12. In Meerut Conspiracy Case, reported in AIR 1931 All 356 – Emperor v. Hutchinson and AIR 1931 All 504 – K. N. Joglekar v. Emperor, this Court held that High Court's bail power under S.498 CrPC is unfettered but must be exercised judicially. Bail is generally the rule; refusal is exception.

13. In Sanjay Chandra Vs. Central Bureau of Investigation, AIR 2012 SC 830, it was reiterated that object of grant of bail to an accused of an offence is neither punitive nor preventive in nature. The true object behind grant of bail is to secure appearance of accused during trial. Refusal of bail and detention of under trial prisoner in jail to an indefinite period violative of Article 21 of the Constitution. The court should keep in view the principle that grant of bail is the rule and committal to jail an exception. Seriousness of the offence is not to be treated as the only consideration in refusing bail.

14. Overcrowding in jails and inordinate delay in disposing of cases often result in undertrial prisoners, who are presumed innocent and incarcerated through no fault of their own, being deprived of their fundamental rights. The failure to ensure a speedy trial despite overcrowding and systemic inefficiencies violates the right to personal liberty under Article 21. Overcrowding further compounds the problem, as jails house far more inmates than their capacity, with the majority being undertrials which leads to the loss of identity and dignity of prisoners. The state and judiciary are constitutionally mandated to ensure that undertrial prisoners are not wrongfully confined for extended periods and that trials are conducted expeditiously to uphold justice and human dignity. These factors make it entirely justifiable to invoke Article 21 protections in such cases. (See: Inhuman Conditions in 1382 Prisons, In re, (2017) 10 SCC 658; State Of Rajasthan Vs. Balchand AIR 1977 SC 2447; and Ashim vs. National Investigation Agency (2022) 1 SCC 695)

15. Reiterating the aforesaid view, the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 INSC 595, has again emphasized 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".

16. 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.

17. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR and also considering the fact that there are general and omnibus allegations by the injured person against all the accused persons, I find it a fit case to release the applicants on bail. The bail application is allowed.

18. Let the applicants- Ishrat and Jaheed, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with the evidence during trial. ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. iii) The applicants shall appear before the trial court on the date fixed.

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

20. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 11.8.2025 Sumit S (Justice Krishan Pahal) SUMIT SRIVASTAVA High Court of Judicature at Allahabad