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SURESH KUMAR KAIT
Kishan – Appellant
Versus
State (NCT Of Delhi) – Respondent
JUDGMENT
Suresh Kumar Kait, J. -
The hearing has been conducted through video conferencing.
1. The present petition has been preferred by petitioner seeking bail in FIR No. 517/2020, under Sections 307/147/148/34 IPC, registered at police station Adarsh Nagar, Delhi.
2. The FIR in question has been registered at the instance of complainant Puneet @ Sameer who has alleged that on 06.07.2020, at around 05:30 PM he and his friend were attacked by 5-6 boys who hit them with sword/knife/danda and petitioner was named one of those accused. On the aforesaid complaint, the FIR in question was registered against petitioner and other accused persons.
3. Notice issued.
4. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for State, accepts notice.
5. Learned counsel for petitioner submits that complainant is the Bad Character (BC) of the area and has enmity with petitioner and especially his brother, since they believed that they are witness to one of their crimes committed by him with his associates in the area of Lal Bagh. It is further submitted that in the night of 25.06.2020 the complainant of the present FIR had first attacked the house of petitioner and also fired a gun shot with a
The court considered the petitioner's claim of self-defense, the animosity between the parties, and the delay in trial proceedings as grounds for granting bail.
Bail should be granted when pre-trial detention is extensive, and animosity between parties raises concerns of false allegations, ensuring fair process until trial completion.
Unlawful assembly - Grant of bail - No independent eye-witness identification of applicant.
The changed stand of a key witness, lack of progress in prosecution evidence, and prolonged custody can be considered in granting regular bail.
The determination of the aggressor in a case of version and cross-version lies within the domain of the trial court, and the lack of criminal antecedents and completion of investigation can be consid....
The central legal point established in the judgment is that the grant of regular bail should be considered in light of the time it would take for the trial to conclude and the circumstances of the co....
Grant of Bail - Offence of Rioting and Murder - There is no direct evidence like CCTV footage etc. coupled with fact that co-accused of petitioner have been granted bail in this FIR case, court view ....
Inconsistencies in the prosecution's case and lack of corroborative evidence can be considered in granting bail.
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