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RAVINDRA MAITHANI
Boby Kohli – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Applicant-Boby Kohli is in judicial custody in FIR/Case Crime No. 180 of 2022, under Sections 147, 148, 149, 186, 307, 324, 332, 333, 336, 353, 504 & 506 IPC, Police Station Rudrapur, District Udham Singh Nagar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. The first bail application was dismissed in non-prosecution on 17.11.2022. This is the second bail application.
4. According to FIR, on 20.03.2022, the applicant along with co-accused attacked a police constable with Lathi, Danda and Hockey Stick. The police constable was saved by Vinay Karnatak and another constable.
5. Learned counsel for the applicant would submit that it was a day of Holi Festival. The police personnel were passing remarks on the women passing by. Local boys objected to it. Thereafter, simple Marpeet took place. Applicant has no role in the matter. He has not done anything. Co-accused, Arun has already been enlarged on bail. It is a case of parity.
6. Learned State Counsel admits that co-accused, Arun has been granted bail.
7. In the case of co-accused, this Court had noted that he was neither named in the FIR nor injured took
The relevance of witness statements from a juvenile inquiry can influence bail decisions, particularly when they indicate a lack of specific involvement in the alleged crime.
The interpretation of new evidence, such as CCTV footage, can influence the court's decision in granting bail and may reveal discrepancies in the prosecution's case.
The court established that changed circumstances and lack of evidence of threats can justify the granting of bail, even after previous cancellations.
The court may grant bail after considering factors such as the nature of the case, the co-accused's bail status, and the applicant's criminal record.
The court established that a lack of supporting evidence from key witnesses can justify the granting of bail, highlighting the necessity of credible testimony in criminal cases.
Bail granted due to lack of sufficient evidence and no criminal antecedents of the applicant.
The significance of the Test Identification Parade is diminished if proper procedures regarding the identification of the accused are not followed, particularly concerning their being kept baparda.
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