C. T. RAVIKUMAR, SANJAY KUMAR
State of Jharkhand – Appellant
Versus
Dhananjay Gupta @ Dhananjay Prasad Gupta – Respondent
ORDER :
1. Leave granted.
2. This appeal the State is directed against the order dated 12.01.2023 passed by the High Court of Jharkhand at Ranchi in B.A. No. 12508 of 2022. The respondent-herein is accused No. 23 in F.I.R. No. 92 dated 26.08.2022 registered at Police Station Sindri, District-Dhanbad alleging commission of offences under Sections 147, 148, 149, 241, 323, 307, 353, 332, 333, 337, 393, 448, 427, 506 and 120-B of the Indian Penal Code, 1860 (I.P.C.) and under Section 27 of the Arms Act. The respondent was arrested in connection with the aforesaid crime on 28.08.2023 and his bail application was granted on 12.01.2023.
3. Heard learned standing counsel for the State of Jharkhand as also the learned counsel for the respondent.
4. The reasons that persuaded the High Court for granting bail to the respondent have been stated in paragraph-4 of the of the impugned order reads, thus:
Insufficient reasons for granting bail in serious offences, especially when charges include attempted murder under Section 307 IPC.
Bail - Grant of bail in heinous crime of murder bail on the basis of irrelevant considerations would amount to arbitrary exercise of judicial discretion.
Grant of bail – Where court considering application for bail fails to consider relevant factors, appellate court may justifiably set aside order granting bail – Where order refusing or granting bail ....
The main legal point established in the judgment is that substantive reasons must be provided for granting bail in a murder case under Section 302 IPC, and the lack of such reasons can lead to the se....
The court established that a delay in trial and the number of witnesses can justify granting bail, emphasizing the need for conditions to ensure the appellant's presence.
The grant of bail in serious offences must be supported by valid and cogent reasons, and the gravity of the offence alleged is an important factor for considering the question of grant of bail.
Grant of bail – For serious offences, overcrowding of jails cannot be consideration to release respective accused on bail.
(1) While considering an application for grant of bail a prima facie conclusion must be supported by reasons and must be arrived at after having regard to vital facts of case brought on record – Due ....
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