Recently, the Allahabad High Court rejected the bail application of man explaining the exception to bail. The bench of Justice Krishan Pahal was dealing with the second bail application in a case registered under Sections 147, 148, 149, 302, 307, 506 and 120-B. In this case, Sanchit Verma and his father, Shri Sanjay Verma, were at the District Judge’s Court in Jhansi when Shri Sanjay Verma left in his Car driven by Ravi Varma. Ajay Sony followed the car.
Near a temple, a group of assailants, including Sonu Geda, Rinku Geda, Bobi Geda, Angad Gurjar, Prahlad Gurjar, Udham Gurjar, Rajendra Gurjar, Shivam Gurjar, and Pushpendra Gurjar, ambushed the car with firearms, resulting in the driver’s death and severe injuries to the passengers. The accused fled on motorcycles after the attack. The injured were taken to Medical College Jhansi, where Jai Goswami was declared dead. The accused had a history of violence, including a previous conviction for causing the death of Ajay Verma’s uncle.
High Court observed that “the phrase “bail is the rule and Jail is an exception” underscores the principle that individuals are presumed innocent until proven In this context, “jail as an exception” refers to situations where a person’s pre-trial liberty is restricted due to specific circumstances. These exceptions might include concerns about flight risk, potential danger to the community, the likelihood of the accused tampering with evidence, or possibility of repeating offence. Essentially, while bail is generally favoured to ensure the presumption of innocence, exceptions exist when there are compelling reasons to detain someone before trial.”
The bench opined that the criminal justice system is designed to maintain order , protect citizens, and ensure that wrongdoers face consequences for their actions. However, an alarming trend has emerged where hardened criminals exploit loopholes in legal proceedings, capitalize on ambiguities, procedural errors, or inadequacies in legislation to evade the full force of the of the law.
High Court stated that “striking a balance between efficiency and justice remains a challenging aspect of legal proceedings. Taking case of the issue of hardened criminals exploiting legal loopholes is crucial for upholding the principles of justice and maintaining public trust in the legal system, through proactive legal reforms, technological advancements, and ongoing professional development, we can create a more resilient framework that minimizes opportunities for criminals to escape accountability.” As per the bench the applicant was convicted for the murder of the brother of one of the victims of the incident and the same is the motive for committing the offence. He is a previous convict in two other cases.
High Court opined that the case falls in the category of “exception” as mentioned in the old saying “Bail is the rule, and Jail is Exception."
In view of the above, the bench rejected the bail application.
Case Title: Bharat Singh v. State of U.P.
Bench: Justice Krishan Pahal
Case No.: CRIMINAL MISC. BAIL APPLICATION No. – 38682 of 2023
