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TMI Blog2008 (10) TMI 735X X X X Extracts X X X X X X X X Extracts X X X X ..... Lucknow Bench granting bail to the respondent No. 2 who is an accused in Case Crime No. 178 of 2006, Police Station-Ashiyana, District Lucknow. The accused persons faced trial for alleged commission of offences punishable under Sections 302 and 120B of the Indian Penal Code, 1860 (in short the `IPC'). 3. As per the prosecution version Virendra Singh lodged information at the police station that on 21.9.2006 at about 10 A.M. when his younger brother Chandra Pal Singh (hereinafter referred to as the `deceased'), Manager of Lucknow Public School had arrived on the gate of the college, some unknown persons had shot him by making indiscriminating firing and then he was taken to the hospital. The doctors declared that he had been brought ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt. By the impugned order High Court granted bail to the respondent No. 2. 4. Learned Counsel for the appellant submitted that the High Court had practically written a judgment of acquittal by not only referring to the incriminating materials but also conclude about their unreliability. This, it is submitted, is not the correct way of dealing with an application for bail. 5. Learned Counsel for the respondent- State supported the stand of the appellant. 6. Learned Counsel for the respondent No. 2 on the other hand submitted that the conclusions of the trial court to deny bail were factually wrong and legally unsustainable. The High Court has dealt with the stands of the accused respondent No. 2 and found that the prosecution version is tot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ill now, the manner in which the involvement of the applicant in the commission of the crime has come into light and the evidence collected by the investigating officer puts a dent in the prosecution case. Besides it, involvement of the applicant in the commission of the crime has been disclosed at a very later stage of the investigation. However, without commenting furthermore, I am of the opinion that the applicant applicant is entitled to be enlarged on bail. 8. While dealing with an application for bail, there is a need to indicate in the order, reasons for prima facie concluding why bail was being granted particularly where an accused was charged of having committed a serious offence. It is necessary for the courts dealing with applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s a matter or course. Though at the stage of granting bail a detailed examination of evidence and elaborate documentation of the merit of the case need not be undertaken, there is a need to indicate in such orders reasons for prima facie concluding why bail was being granted particularly where the accused is charged of having committed a serious offence. Any order devoid of such reasons would suffer from non-application of mind. It is also necessary for the court granting bail to consider among other circumstances, the following factors also before granting bail; they are: (a) The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence. (b) Reasonable apprehension of tampering with the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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