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SURESH KUMAR KAIT
Liyakat Ali – Appellant
Versus
State NCT Of Delhi – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The petitioners in the above captioned four petitions are accused in FIR No. 116/2020, registered at police station Khajuri Khas, Delhi. The FIR in question has been registered for the offences under Sections 109/114/147/148/149/153A/323/392/395/ 427/436/454/505/120B/34 IPC. However, besides the aforesaid offences, petitioner- Liyakat Ali in above captioned first petition [Bail Appln. 3039/2020]; petitioner- Arshad Qayyum @ Monu in the above captioned second petition [Bail Appln. 3040/2020] and petitioner- Gulfam @ VIP in the above captioned third petition [Bail Appln. 3623/2020] have been booked for the offences under Sections 25/27 of Arms Act and petitioner - Irshad Ahmad in the above captioned fourth petition [Bail Appln. 120/2021] has been booked for offences under Sections 3 & 4 of Prevention to Damage to Public Property Act, 1984. Petitioners in first three petitions, namely, Liyakat Ali, Arshad Qayyum @ Monu and Gulfam @ VIP were arrested on 23.03.2020, whereas Irshad Ahmad (petitioner in fourth petition) was arrested on 18.03.2020 in this case.
2. These petitions pertain to North-East Delhi riots, which took place in the last week of February
The main legal point established in the judgment is the importance of direct evidence, credibility of witnesses, and the filing of the charge sheet in determining the grant of bail.
The Court held that the petitioner was entitled to bail in each of the 5 FIRs. The Court considered factors such as the bailable nature of the offenses, the period of incarceration exceeding the maxi....
Theory of close-range shot is just a conjecture of the investigating agency and is not based on scientific fact.Simply because copper like pieces were found near the exit wound of the body, as per th....
The main legal point established in the judgment is the consideration of evidence, pending charges, and the expected trial duration in the decision to grant bail.
The court established that in the absence of credible evidence linking the accused to the crime scene, bail should be granted, especially when trial proceedings are expected to be lengthy.
Unlawful assembly - Grant of bail - No independent eye-witness identification of applicant.
The main legal point established in the judgment is the requirement of evidence to support allegations and the consideration of the time required for trial in granting bail.
Grant of Bail - Injuries/Wounds/Weapons - Murder - Petitioners even though were present as members of a mob at Gali No. 1 Akhadewali gali after 11.00 PM when some members of this mob were armed howev....
The central legal point established in the judgment is the requirement for admissible evidence and compliance with legal provisions in justifying continued detention and granting bail.
The court determined that the completion of investigation in a riot-related case allows for reconsideration of bail, even after previous denials, emphasizing the need for substantial evidence against....
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