TaxTMI 
TaxTMI 
2014 (12) TMI 1347
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....al Code). 3. As the impugned order would reveal, it was contended on behalf of the 2nd Respondent that similarly placed co-accused, Ashok, had already been enlarged on bail by the High Court by order dated 23.9.2013 in Criminal Misc. Bail Application No. 21876 of 2013 and role of the accused-Respondent No. 2 was identical to that of Ashok Kumar and he should be released on bail. Thus the foundation of the prayer for grant of bail was on the bedrock of parity. The said prayer for grant of bail was opposed with vehemence by the learned A.G.A. contending, inter alia, that the accused had criminal antecedents and the role attributed to him was different. The same was controverted by the accused asserting that the said aspect had been explained in the affidavit attached to the bail application. 4. As the factual narration would further undrape, the learned Single Judge keeping in view the aforesaid aspects passed the following order: Considering the submission made by the learned Counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of party. In view of the above, let ....
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....ourt and as has been stated hereinbefore, the High Court has admitted him to bail. 7. Questioning the legal acceptability of the impugned order, it is contended by Mr. Malkan, learned Counsel for the Appellant that the High Court has failed to appreciate the role ascribed to Ashok Kumar and to the 2nd Respondent who had fired on the deceased; and further the High Court has absolutely remained oblivious to the criminal antecedents of the said accused. That apart, it is contended by him that the trial has commenced and at that stage it was absolutely improper on the part of the High Court to enlarge the accused on bail brushing aside the fact that the man with criminal antecedents has the potentiality to intimidate the rest of the witnesses. In essence, the submission is that the gravity of the offence, the manner in which it has been committed and the criminal antecedents of the accused-the 2nd Respondent, have been totally ignored by the High Court and bail has been granted on non-consideration of the material facts, which makes the order vulnerable. 8. Mr. Ratnakar Dash, learned senior Counsel appearing for the State of Uttar Pradesh, supporting the stand of the Appellant su....
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.... (a) While granting bail the court has to keep in mind not only the nature of the accusations, but the severity of the punishment, if the accusation entails a conviction and the nature of evidence in support of the accusations. (b) Reasonable apprehensions of the witnesses being tampered with or the apprehension of there being a threat for the complainant should also weigh with the court in the matter of grant of bail. (c) While it is not expected to have the entire evidence establishing the guilt of the accused beyond reasonable doubt but there ought always to be a prima facie satisfaction of the court in support of the charge. (d) Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail, and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of bail. 11. In Chaman Lal v. State of U.P. (2004) 7 SCC 525, the Court has laid down certain factors, namely, the nature of accusation, severity of punishment in case of conviction and the character of suppo....
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....wife of the deceased, has annexed a chart relating to the criminal history of the accused. The State has filed a counter affidavit. We think it apt to refer to the cases which find place in the counter affidavit filed by the state. Be it clarified though it has been filed as a counter affidavit, it is not in oppugnation of the prayer sought in the petition. On the contrary, it is supportive of the stand put forth in the petition. It has been asseverated that the Respondent No. 2 is a history-sheeter and number of cases have been lodged against him. The following are the details of the cases: (i) Case crime No. 1009/2006 Under Section 302/201/34 Indian Penal Code Police Station Shahibabad, District Ghaziabad. (ii) Case crime No. 1007/2006 Under Section 302 Indian Penal Code Police Station Shahibabad, District Ghaziabad. (iii) Case crime No. 360/2008 Under Section 302/201 Indian Penal Code Police Station Shahibabad, District Ghaziabad. (iv) Case crime No. 1614/2008 Under Section 364/302/201 Indian Penal Code Police Station Sihani Gate, District Ghaziabad. (v) Case crime No. 495/2008 Under Section 8/15 NDPS Act, Police Station Kavi Nagar, D....
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....iple. It is basically a natural right. In fact, some regard it as the grammar of life. No one would like to lose his liberty or barter it for all the wealth of the world. People from centuries have fought for liberty, for absence of liberty causes sense of emptiness. The sanctity of liberty is the fulcrum of any civilized society. It is a cardinal value on which the civilisation rests. It cannot be allowed to be paralysed and immobilized. Deprivation of liberty of a person has enormous impact on his mind as well as body. A democratic body polity which is wedded to rule of law, anxiously guards liberty. But, a pregnant and significant one, the liberty of an individual is not absolute. The society by its collective wisdom through process of law can withdraw the liberty that it has sanctioned to an individual when an individual becomes a danger to the collective and to the societal order. Accent on individual liberty cannot be pyramided to that extent which would bring chaos and anarchy to a society. A society expects responsibility and accountability from the member, and it desires that the citizens should obey the law, respecting it as a cherished social norm. No individual can m....