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SUBRAMONIUM PRASAD
Waseem – Appellant
Versus
State (NCT Of Delhi) – Respondent
JUDGMENT
Subramonium Prasad, J. - This is a petition under Section 439 Cr.P.C. for grant of regular bail in FIR No.555/2019 dated 29.11.2019 registered at Police Station Sagarpur for offence punishable under Sections 392, 394, 397, 341, 411 and 34 IPC and Sections 25, 27, 54 and 59 Arms Act.
2. The case of the prosecution is that information was received Police Station Sagarpur on 28.11.2019, which was registered vide DD No.57A, regarding robbery at gun point. On receiving the information, the Police reached the spot. It was found that the complainant had already gone to the hospital. Police reached the hospital and recorded the statement of the complainant. In his statement, the complainant stated that on 28.11.2019, he was returning from a marriage, at about 9:50 PM. The complainant stated that when he reached Gali No.9, Sagarpur, Delhi, three people came on a bike and stopped their bike in front of the complainant's motorcycle. The complainant stated that one person snatched the key of his bike while the rider fired in the air and all the three persons hit the petitioner on his helmet, snatched the key and the purse which contained the Adhaar Card of the complainant and Rs.145/-.
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.
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 court emphasized rehabilitation in granting bail, recognizing the importance of education for young offenders, and balancing it against the severity of their crimes.
Point of Law : Criminal Law - Bail Application - Offence of Robbery, or dacoity, with attempt to cause death or grievous hurt - Court opinion that petitioner must be encouraged to complete his 12th s....
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.
Bail is the rule and jail is an exception, particularly for individuals unable to secure surety bonds due to financial constraints, as emphasized under Article 21 of the Constitution.
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.
The court denied bail based on the severity of the alleged offense and the presence of sufficient evidence to confirm the accused's involvement.
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