- (1.) B. A. Zaidi, J. Applicant Nanhey Tiwari has come this Court for bail in Case Crime No. 770 of 2006 under Sections 307, 323, 504, 506 I. P. C. Police Station Kannauj District Kannauj.
(2.) HEARD Sri G. P. Dikshit, Advocate for the applicant and Sri S. D. Tripathi, Additional Government Advocate for the State. On 18-9-2006 around 7 O' clock in the morning in village Gangdarapur, there was a dispute between two parties, in which accused-applicant Nanhey Tiwari is said to have fired at Pradeep Misra, brother of the complainant, who sustained a gun shot injury in his chest. There were two other co-accused (Janu and Ranu) in the case, who have already been released on bail. The Counsel for the applicant says that the applicant is a married man having small children and earns his livelihood as a labourer that his family will starve, since they have no source of income. No such thing has been mentioned in the bail application. It is being noticed, that similar relevant facts, are not generally mentioned, in the bail applications. The bail application has been haphazardly drafted.
(3.) THE applicant is in jail for more than 21 months. It is not the case of pre-meditated assault but the dispute escalated in the heat of the moment. THE accused has no criminal antecedent. THE facts and circumstances emerging in the case incline us, to grant bail. The Counsel for the applicant has cited case of Bhausaheb Nagu Dhavare v. State of Maharashtra and Anr. , 2001 (Suppl.) ACC 961, in which bail was granted by Supreme Court in a case under Section 307 I. P. C. It is surprising to see case law being cited on factual matters, in cases relating to bail. The facts and circumstances of each case, are different, and citing of case law is wholly irrelevant and improper, unless some law point is involved and the case in question has decided a particular law point!;