MUKTA GUPTA
Shabir Ali – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT :
MUKTA GUPTA, J.
1. By these petitions, petitioners seek regular bail in case FIR No. 153/2020 under Sections 302/307/188/147/148/153/323/505/435/ 120B/34 IPC registered at PS Jafrabad, Delhi.
2. Learned counsels for the petitioners contend that the petitioners were not named in the main charge-sheet filed on 27th June, 2020 which was filed against Arshad @ Sonu, Aleem Saifi, Javed Khan and Naved Khan. Aleem Saifi has already been granted bail by the learned Additional Sessions Judge vide order dated 26th November, 2020. The entire case of the prosecution is based on the statements of two constables namely Constable Deepak and Constable Rajeev who were examined on 14th July, 2020 and 21st July, 2020 respectively, who identified the people who were seen in the footage of CCTV installed by the PWD at Gali No. 1, Akhadewali Gali on 24th February, 2020. The alleged incident took place at around 10.30 PM in Gali No. 1, Brahmpuri which is on the opposite side of the main road towards a distance and none of the accused was seen near Gali No. 1, Brahmpuri at the relevant time. Merely because the petitioners along with the other people of the gali Akhadewali, in view of the informati
Awadesh Kumar Jha vs. State of U.P. 2016 (3) SCC 8
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Pattu Rajan vs. State of Tamil Nadu
Grant of Bail - Injuries/Wounds/Weapons - Murder - Petitioners even though were present as members of a mob at Gali No. 1 Akhadewali gali after 11.00 PM when some members of this mob were armed howev....
The main legal point established in the judgment is the consideration of evidence, pending charges, and the expected trial duration in the decision to grant bail.
The court established that in the absence of credible evidence linking the accused to the crime scene, bail should be granted, especially when trial proceedings are expected to be lengthy.
Theory of close-range shot is just a conjecture of the investigating agency and is not based on scientific fact.Simply because copper like pieces were found near the exit wound of the body, as per th....
The mere presence in an unlawful assembly implicates accused members under Section 149 IPC, regardless of individual intent, if actions align with the assembly's common purpose.
Point of Law : Citizenship – Protest – Rejection of bail - none of those co-accused who have been granted bail were caught in an overt act which indicated their active participation in perpetrating t....
The court emphasized the need to balance personal liberty with the enforcement of criminal law and the duty to ensure that the law does not become a tool for targeted harassment.
The main legal point established in the judgment is that bail is the rule and jail is the exception, and Courts must exercise their jurisdiction to uphold the tenets of personal liberty, subject to r....
Point of Law : Grant of Bail - Petitioner cannot be made to languish behind bars for a longer period of time, and that veracity of allegations levelled against him can be tested during trial.
Point of Law : Unlawful assembly - Bail granted - When there is a general allegation against a large number of persons Court naturally hesitates to convict all of them on such vague evidence. Therefo....
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