The Allahabad High Court while allowing the bail application said that a person’s right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because he or she is accused of committing an offence until the guilt is established beyond a reasonable doubt.
A Single Bench of Justice Manju Rani Chauhan passed this order while hearing a Criminal Misc Bail Application filed by Pradumn.
The bail application has been filed on behalf of the applicant, Pradumn with a prayer to release him on bail in Case under sections 394, 411 IPC, Police Station – Barhalganj, District–Gorakhpur, during pendency of trial.
Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the case due to ulterior motives.
He further submitted that the applicant is not named in the FIR. Subsequently, the applicant has been arrested by the Police and a recovery of one mobile has been shown from the possession of the co-accused; Sant Kumar.
He further submitted that the recovery shown by the Police is false and planted and is not supported by any independent witness. Nothing has been recovered from the possession of the applicant.
He also submitted that the applicant has no criminal history. He has been languishing in jail since 02.02.2024. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the witnesses.
Per contra A.G.A has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
The Court observed that,
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.
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 Apex Court in Satyendra Kumar Antil Vs Central Bureau of Investigation and another, 2022 (10) SCC 51.
AGA has not shown any exceptional circumstances which would warrant denial of bail to the applicant.
The Court said that,
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 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 the AGA for the State.
The object of the bail is to secure the attendance of the accused, the detention of the accused pending trial cannot be punitive in nature as there is presumption of innocence in favour of the accused person.
“A.G.A has not brought any facts and circumstances to demonstrate that the character of the accused applicant (s) is such that his mere presence at large would intimidate the witness.
AGA for the State has not brought any fact or circumstances to indicate criminal history or antecedents of the applicant which would disentitle the applicant for Bail.
Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, the period of detention of the applicant for the alleged offence, submissions of the counsel for the parties, the Court is of the view that the applicant has made out a case for bail”, the Court further observed while allowing the bail application.
The Court ordered that,
Let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required.
(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(v) The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.
(vi) The applicant shall not leave India without the previous permission of the Court.
(vii) In the event, the applicant changes residential address, the applicant shall inform the court concerned about the new residential address in writing.