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RAVINDRA MAITHANI
Jafar Ali – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Applicant Jafar Ali is in judicial custody in FIR No.154 of 2022, under Sections 147, 307, 34 and 452 IPC, Police Station Gadarpur, District- Udham Singh Nagar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, on 30.07.2022, at 8:00 PM, the applicant along with the co-accused entered into the house of the informants and fired him, due to which, Aizan and Tabasum B sustained injuries of pallets.
4. Learned counsel for the applicant would submit that there are great contradictions in the statements of the victims recorded during investigation; the applicant is not the actual shooter, as such.
5. In fact, when the bail application was filed, on 19.12.2022, the Court wanted to know the exact role fo the applicant.
6. Today, learned State Counsel gives a statement that the statement of the victim, the injuries report and the statements of other witnesses have already been filed. Therefore, no counter affidavit is required in the matter. The entire material is already available.
7. Learned counsel for the applicant would submit that though the applicant is not the actual shooter but he w
The principle of parity in granting bail based on the similarity of roles with co-accused.
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.
The court's discretion in granting bail based on the circumstances of the case and the applicant's eligibility for bail.
The court established that the identification of the accused and the nature of injuries are critical factors in bail considerations under IPC provisions.
The court established that in cases of serious allegations, the specificity of charges in the FIR and the credibility of the investigation play crucial roles in determining bail eligibility.
Bail granted in murder case due to prosecution lapses: no forensic bullet-firearm link, site plan discrepancies, unexplained applicant injuries, absent cartridge recovery, uninformed local police.
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