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SUBRAMONIUM PRASAD
Naveen Kasana – Appellant
Versus
State NCT Of Delhi – Respondent
JUDGMENT
Subramonium Prasad, J. - The petitioner seeks regular bail in FIR No.272/2018 registered at Police Station Jagat Puri for offences under Sections 395/397/120B/412/34 IPC and Sections 25/27 of the Arms Act.
2. Facts, in brief, leading to the instant petition are as under:
a) One Umesh Bansal S/o Sh. Rameshwar Prasad Bansal R/o H.No. B-802, Apex the floors Sector 18 Vasundhara, Ghaziabad, UP gave a complaint stating that he runs a cloth trading business having its office at H.No. A-30 1st Floor, Gali No.3, Old Arjun Nagar, Jagatpuri, Delhi. It is stated that on 17.09.2018 he along with his worker namely, Ram Sewak S/o Ram Prasad R/o H.No. A-81/B, Gali No 4, Rajveer Colony, Ghadoli Extention, Delhi, had gone to Shalimar Bagh to receive payment of Rs 2,70,000/-. It is stated that they kept the money in one bag and left on their scooty. It is stated that the complainant was riding the scooty and Ram Sewak was sitting at the back. It is stated that at around 3:50 PM they reached the shop. It is stated that when they reached in front of their shop, two persons, aged about 25-30 years, came there on a black coloured Splendour motor cycle. It is stated that the person sitting at the b
The seriousness of the offences, the identification of the accused, and the likelihood of the accused threatening the witnesses are crucial factors in considering a bail application.
The seriousness of the offences, the accused's active involvement, and the likelihood of the accused repeating the offence if released are crucial factors in determining bail applications.
The court considered the duration of custody, filing of charge-sheet, and the pandemic situation as factors in granting interim bail with stringent conditions.
The court may grant bail based on the duration of custody and the submission of a charge sheet, despite the prosecution's claims of habitual offending.
Bail denied in heinous robbery conspiracy case due to prima facie involvement via stolen property possession, firearms recovery, and mobile location data, given offence severity punishable by life im....
The main legal point established in the judgment is the court's discretion to grant bail based on prima facie evidence and the petitioner's habitual criminal behavior.
The decision highlighted the importance of considering the prolonged custody of the accused, the lack of progress in the trial, and the absence of incriminating evidence in granting regular bail.
Cancellation of Bail - an order granting bail ought not to be interfered by the High Court unless there are compelling reasons warranting cancellation of bail.
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