The High Court disposed of a bail application regarding an offence under Sections 307, 323, 504, 506 IPC. The court found arguments satisfactorily unrefuted and allowed bail without making observations on the case merits.
applicant enrolled on bail with conditions to not tamper with evidence or influence witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57380 of 2022
Applicant :- Imran @ Tatti @ Kala Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.646 of 2022 at Police Station-Lisari Gate, District-Meerut under Sections 307, 323, 504, 506 I.P.C. The applicant is in jail since 18.10.2022.
The bail application of the applicant was rejected by the learned trial court on 04.11.2022.
The following arguments made by Shri Aditya Prasad Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA from the record, entitle the applicant for grant of bail:
(1). The F.I.R. is a fall out of an altercation after a drinking session which happened at the house of the informant's sister.
(2). The applicant has been falsely implicated to deflect attention from the conduct of the informant's family members who behaved irresponsibly after consuming liquor.
(3). No one has sustained any injury in this case which itself demonstrates that there was no intent to kill.
(4). The applicant has explained his criminal history. It is also contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application.
(5) The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Imran @ Tatti @ Kala be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on
the date fixed, unless personal presence is exempted.
Order Date :- 8.2.2023 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
1 issue framed by the court
Whether an application for bail under Sections 307, 323, 504, 506 IPC should be allowed when the FIR stems from an altercation after drinking with no injuries sustained.
Imran @ Tatti @ Kala
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
