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SUBRAMONIUM PRASAD
Jilu Kumar @ Jiya Lal – Appellant
Versus
State (NCT Of Delhi) – Respondent
JUDGMENT
Subramonium Prasad, J.:--
1. This petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No.36/2021 dated 16.01.2021 registered at Police Station Okhla Industrial Area for offences under Sections 307, 323 and 34 IPC.
2. The petitioner is the brother of the father-in-law of the complainant. The allegation in the FIR is that on 15.01.2021 at about 2:30 P.M. the complainant was physically assaulted by her husband, Rohit. It is stated that the complainant informed her parents that she has been beaten by Rohit, her husband. It is stated that the mother and father of the complainant came to her house, spoke to her in-laws and went away. It is stated that after her parents left, in the evening, the complainant was once again beaten up. The complainant’s father-in-law, Lala Ram, called up her brother Deepak Kumar and asked him to take the complainant with him. It is stated that at about 8 P.M. in the evening, complainant’s brother Deepak Kumar came to her house. It is stated that the complainant narrated the whole incident to her brother that she has been beaten up by her husband and in-laws and that she wants to go back to her paternal house
Doubt in the delayed FIR registration and conduct of the complainant's family influenced the court's decision in granting bail to the petitioner.
A court may grant bail if doubts arise concerning the authenticity of the FIR and the possibility of false implication, especially in matrimonial disputes.
A bail application may be granted when the accused has been in custody for an extended period, all witnesses have been examined, and there is no threat of evidence tampering.
Bail can be granted when the allegations do not involve direct participation in serious crimes, and the accused demonstrates willingness to cooperate with the investigation.
Point of Law : Criminal Law - Offence of Murder - Bail Application - petitioner has spent nearly eight years in the prison, all the prosecution witnesses have been examined - Court is inclined to gra....
Petitioner is not accused of committing rape and the fact that the petitioner has joined investigation, this Court is inclined to grant bail to the petitioner.
The turning of prosecution witnesses hostile and the lack of evidence against the petitioner were key factors in granting regular bail.
Bail can be granted when the charge-sheet is filed, and conditions can be imposed to ensure the complainant's safety without unjustly detaining the accused.
The main legal point established is the careful consideration of the nature of accusations, antecedents of the accused, and the possibility of tampering with witnesses in granting anticipatory bail.
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