The Allahabad High Court recently made it clear that submitting extracts from the case diary with a bail application has become a regular practice and cannot be the sole reason to oppose or deny bail.
“It is a basic principle of natural justice that no person should be condemned without giving him an adequate opportunity of hearing, which includes providing him copies of the material against him,”
– Justice Subhash Vidyarthi
The Court was hearing a bail plea filed by Vipin Tiwari, accused in a murder case. The informant objected to the bail plea, arguing that the accused had annexed case diary extracts, showing potential to influence the investigation.
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Rejecting this argument, the Court pointed out that Section 230 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) requires the Magistrate to provide the accused with copies of the police report and relevant documents. This provision supports the right to a fair hearing and overrides Section 192 BNSS when it comes to providing materials collected during investigation.
“Annexing copies of extracts of the case diary has become a norm, and not annexing the same is an exception,”
– Allahabad High Court
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The Court added that if an accused in custody receives extracts from the case diary via others, he should not be penalized for it. It emphasized that bail applications must be assessed on merit, not dismissed at the threshold due to such annexures.
In granting bail, the Court noted several key factors:
- The FIR was lodged 37 hours after the incident.
- There was a longstanding property dispute between the parties.
- CCTV footage failed to identify the Bolero involved in the incident.
- Mobile location records and a photograph placed the applicant 175 km away from the scene at the time of the incident.
- A co-accused had already been granted bail.
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The Court also reminded advocates to be clear and concise in bail proceedings, cautioning against lengthy arguments that resemble a mini-trial.
“The learned members of the bar...should cooperate in expeditious dispensation of justice by being precise and concise,”
– Justice Subhash Vidyarthi
The Court allowed the bail application, observing that the accused’s presence at the time of the incident was doubtful and that the materials relied upon by the informant were not strong enough to justify continued custody.
Case title - Vipin Tiwari vs. State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko
