TMI Blog2014 (12) TMI 1347X X X X Extracts X X X X X X X X Extracts X X X X ..... ards 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 make an attempt to create a concavity in the stem of social stream. Coming to the case at hand, it is found that when a stand was taken that the 2nd Respondent was a history sheeter, it was imperative on the part of the High Court to scrutinize every aspect and not capriciously record that the 2nd Respondent is entitled to be admitted to bail on the ground of parity. It can be stated with absolute certitude that it was not a case of parity and, therefore, the impugned order clearly exposes the non-application of mind - the order has to pave the path of extinction, for its approval by this C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ects 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 the applicant, Mitthan Yadav be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 237 of 2013, Under Sections 147, 148, 149, 302, 307, 394, 411, 454, 506, 120B and 34 Indian Penal Code, P.S. Kavinagar, district-Ghaziabad with the following conditions: (a) The applicant shall attend the court according to the conditions of the bond executed by him. (b) 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. 5. Being aggrieved by the aforesaid order, the wife of the deceased has preferred this appeal for setting aside the order. 6. At this j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 submitted that though the State has not assailed the legal acceptability of the impugned order, yet the fact remains that when the real victim has approached this Court and on a perusal of the facts which have been asserted, it is quite manifest that the 2nd Respondent is a history-sheeter and the order passed by the High Court should be nullified. 9. Mr. Praveen Chaturvedi, learned Counsel appearing for the Respondent No. 2, resisting the aforesaid stand and stance put forth by the learned Counsel for the Appellant as well as the learned senior Counsel for the State has canvassed that the High Court has appositely applied the principle of parity and, therefore, the order passed by it cannot be faulted. It is urged by him that when the trial has commenced and many witnesses have been examined, there was no justification not to re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 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 supporting evidence, reasonable apprehension of tampering with the witness or apprehension of threat to the complainant, and prima facie satisfaction of the Court in support of the charge which are to be kept in mind. 12. In this context, we may profitably refer to the dictum in Prasanta Kumar Sarkar v. Ashis Chatterjee (2010) 14 SCC 496, wherein it has been held that normally this Court does not interfere with the order passed by the High Court when a bail application is allowed or declined, but the High Court has a duty to exercise its discretion cautiously and strictly. Regard being had to the basic principles laid down by this Court from time to time, the Court enumerated number of considerations and some of the considerations which are relevant for the present purpose are; whether t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der 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, District Ghaziabad. (vi) Case crime No. 496/2008 Under Section 25 Arms Act, Police Station Kavi Nagar, District Ghaziabad. (vii) Case crime No. 405/2008 Under Section 307 Indian Penal Code Police Station Kavi Nagar, Ghaziabad. (viii) Case crime No. 913/2008 Under Section 25 Arms Act, Police Station Kavi Nagar, Ghaziabad. (ix) Case crime No. 1247/2009 Under Section 147/323/324/506 Indian Penal Code P.S. Kavi Nagar, Ghaziabad. (x) Case crime No. 116/2011 Under Section 307 Indian Penal Code Police Station Kavi Nagar, Ghaziabad. (xi) Case crime No. 170/2011 Under Section 25 Arms Act, P.S. Sec-58, Noida, Gautam Budh Nagar. (xii) Case crime No. 2372013 Under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 make an attempt to create a concavity in the stem of social stream. It is impermissible. Therefore, when an individual behaves in a disharmonious manner ushering in disorderly things which the society disapproves, the legal consequences are bound to follow. At that stage, the Court has a duty. It cannot abandon its sacrosanct obligation and pass an order at its own whim or caprice. It has to be guided by the established parameters of law. 17. Coming to the case at hand, it is found that when a stand was taken that the 2nd Respondent was a history sheeter, it was imperative on the part of the High Court to scrutinize every aspect and not capricio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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