Back
RAJNISH BHATNAGAR
Jyoti – Appellant
Versus
State, NCT Of Delhi – Respondent
JUDGMENT
Rajnish Bhatnagar, J. - The present application has been filed by the petitioner under Section 439 Cr.P.C seeking regular bail in case FIR No. 74/2020, registered under Sections 302/120-B/34 IPC at P.S.Ghazipur.
2. In brief the facts of the case are that on 10.3.2020, an information was received vide DD No. 98 dated 9.3.2020 regarding the admission of one Raj Kumar in LBS Hospital. Investigating Officer, after the receipt of information reached at the abovesaid hospital, and came to know that Raj Kumar had died during the treatment. In the hospital, IO met with one Sonu, brother of the deceased and recorded his statement, on the basis of which, the present FIR was registered.
3. As per the prosecution, about 2 years prior to the date of incident, deceased who was a home tutor and was engaged by the petitioner for teaching her as she was preparing for Central Teachers Eligibility Test, and during this period, the petitioner and the deceased came close to each other and even developed physical relations. It is alleged that this fact came to the knowledge of the husband of the petitioner who tried to persuade the deceased to call off the said relations but the deceased was adama
The main legal point established in the judgment is the consideration of the petitioner's role, antecedents, and responsibilities as a young mother in granting regular bail.
Point of Law : The aspect of parity, role attached to accused, their position in relation to the incident and to victims is of utmost importance. High Court has proceeded on the basis of parity on a ....
Serious allegations of homicide justify denial of bail; the court must exercise discretion cautiously, considering evidence and potential risks including witness tampering.
The lack of specific allegations against the petitioner in both the FIR and the suicide note warranted the granting of bail, emphasizing the principle that pre-trial detention must be justified by su....
Under Section 439 CrPC, prolonged pre-trial custody, lack of direct evidence, and the presumption of innocence support the grant of bail, especially when co-accused have been released.
The seriousness of the allegations, the petitioner's criminal history, and the possibility of influencing witnesses are crucial factors in determining bail applications in criminal cases.
Cruelty and Dowry Death - Bail granted - In suicide note shows that there are no specific allegations against petitioner. Whatever allegations are there, either in FIR or in suicide note, they are to....
The main legal point established is the presumption of innocence until proven guilty, the principle that bail is the rule and jail is the exception, and the need to avoid undue hardship from detentio....
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
