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PIYUSH AGRAWAL
Arvind – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
PIYUSH AGRAWAL, J.
1. Heard learned counsel for the applicants as well as learned Additional Government Advocate for the State of Uttar Pradesh and perused the record.
2. The present bail application has been filed by the applicant seeking bail in Case Crime No. 318/2023, under Sections 147/148/149/323/452/307/504/506 IPC, Police Station- Matsaina, District - Firozabad.
3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present crime. He further submits that the injuries are simple in nature and are not dangerous to life; no specific role has been assigned for commission of the alleged crime; nothing incriminating article has been recovered from the possession of the applicants or their pointing out; there was no independent or public witness to the alleged incident or recovery; no motive has been assigned to the applicants; the criminal history of the applicants has been explained in the affidavit filed in support of the application. It is stated that after taking note of entire facts and circumstances of the case, some of the co-accused, namely, Bhuri Singh, had already been enlarged on bail by this Court
The court may grant bail based on the circumstances of the case, without expressing an opinion on the merit of the case.
The court granted bail based on the principle of parity, lack of prior criminal record, and the applicant's undertaking to cooperate with the trial.
The court granted bail based on the applicant's lack of prior criminal history and insufficient evidence against him, emphasizing the rights under Article 21.
The court established that a single FIR and prior bail can be sufficient grounds for granting bail, provided the applicant agrees to comply with conditions aimed at ensuring accountability during the....
Point of law: Rioting - Bail granted - Nature of evidence, the period of detention already undergone, unlikelihood of early conclusion of trial and also the absence of any convincing material to indi....
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