Back
SUBRAMONIUM PRASAD
Bhupender Singh @ Bhuttan – Appellant
Versus
State (NCT Of Delhi) – Respondent
JUDGMENT
Subramonium Prasad, J. - This petition under Section 439 CrPC is for grant of regular bail to the Petitioner in FIR No. 85/2021 registered at Police Station GTB Enclave for offences under Sections 186, 353, 332, 307, 224, 225, 482, 392, 397 and 120B IPC read with Sections 25 and 27 Arms Act. The Petitioner was arrested on 28.03.2021.
2. Briefly stated, the facts, as given in the FIR are that on the statement of ASI Braham Pal posted at Mandoli jail, the instant FIR was registered. It is stated that under-trial high risk prisoner Kuldeep @ Fajja, belonging to Gogi Gang, was taken to the OPD at GTB Hospital from Mandoli Jail. It is stated that after the check-up, Kuldeep @ Fajja was being taken back, and outside the building a group of 10-12 boys attacked the group of policemen. Two of the accused persons, who were minors, threw chilly powder in the eyes of the police. Two persons were injured badly in the cross-firing at the hospital and one of the injured passed away. The scene of crime was seized and the bullet shells, cartridges, samples of blood stains, earth from the site and a Scorpio car bearing number plate DL-4C-NB- 5751, were taken into police custody and were sent
The nature and gravity of the offence, the potential impact on public safety, and the likelihood of the accused fleeing from justice are key considerations in bail decisions.
The gravity of the conspiracy and its potential impact on public safety outweigh the arguments for bail at this stage.
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.
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.
The court emphasized the seriousness of the accusations, the continuing nature of the conspiracy, and the likelihood of the accused influencing witnesses and interfering with the investigation in rej....
Bail is the rule and jail is the exception, and Courts must exercise their jurisdiction to uphold the tenets of personal liberty, subject to rightful regulation of the same by validly enacted legisla....
Bail may be granted if the accused is named in a co-accused's disclosure statement without corroborative evidence, especially after substantial custody time, aligning with the right to a speedy trial....
The severity of the accusation, the gravity of the offence, and the accused's criminal history are crucial factors in determining bail eligibility.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
