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ANISH DAYAL
Tahir Hussain – Appellant
Versus
State – Respondent
JUDGMENT
Anish Dayal, J.
1. This judgment will dispose of 5 bail applications filed by the petitioner seeking regular bail in FIR No.80/2020 (Bail Appl.2752/2021), FIR No.91/2020 (Bail Appl.2440/2021), FIR No.92/2020 (Bail Appl.2437/2021), FIR No.117/2020 (Bail Appl.3551/2020) & FIR No.120/2020 (Bail Appl.2807/2021), all registered at P.S. Dayalpur. These bail petitions were argued collectively by the parties since they adverted to similar facts and circumstances. These FIRs have been filed under various provisions of the Indian Penal Code inter alia including sections 147 (rioting), 148 (rioting, armed with deadly weapon), 149 (unlawful assembly), 153A (promoting enmity), 307 (attempt to murder), 427 (mischief causing damage), 436 (mischief by fire/explosive with intent to destroy house, etc.), 505 (statements conducing public mischief) IPC.
2. For convenience of reference, the essential details relating to each of these FIRs are produced herein below in a tabulated form:
| Particulars | FIR 80/2020 PS Dayalpur | FIR 91/2020 PS Dayalpur | FIR 92/2020 PS Dayalpur | FIR 117/2020 PS Dayalpur | FIR 120/2020 PS Dayalpur |
| Referenced in this judgement as - | FIR No.1 | FIR No.2 | FIR No.3 | FIR No.4 | FIR No.5 |
| Complainant | |||||
The court determined that the completion of investigation in a riot-related case allows for reconsideration of bail, even after previous denials, emphasizing the need for substantial evidence against....
The main legal point established in the judgment is the consideration of evidence, pending charges, and the expected trial duration in the decision to grant bail.
The court ruled that the serious nature of the charges, potential witness tampering, and public safety concerns justified the denial of bail.
Unlawful assembly - Grant of bail - No independent eye-witness identification of applicant.
The court established that in the absence of credible evidence linking the accused to the crime scene, bail should be granted, especially when trial proceedings are expected to be lengthy.
Bail is granted where the accused is not directly implicated in the crime, has no prior convictions, and continued detention is unwarranted due to the length of the trial process.
Point of Law : Grant of Bail - Petitioner cannot be made to languish behind bars for a longer period of time, and that veracity of allegations levelled against him can be tested during trial.
Theory of close-range shot is just a conjecture of the investigating agency and is not based on scientific fact.Simply because copper like pieces were found near the exit wound of the body, as per th....
Bail applications for serious offenses can be denied to prevent witness tampering, balancing individual liberty against public safety.
The main legal point established in the judgment is the importance of direct evidence, credibility of witnesses, and the filing of the charge sheet in determining the grant of bail.
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