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SUBRAMONIUM PRASAD
Ekant Bansal – Appellant
Versus
State Gnct Of Delhi – Respondent
JUDGMENT
Subramonium Prasad, J. - This is an application under Section 439 of the Code of Criminal Procedure, 1973 (Hereinafter referred to as 'the Cr.P.C.') seeking regular bail in FIR No.580/2014 dated 13.11.2014, registered in Police Station Paharganj for offences under Section 302 IPC.
2. Heard Ms. Manika Pandey Tripathy, learned counsel appearing for the petitioner and Ms. Kusum Dhalla, learned APP appearing for the State on 12.01.2021 and the order was reserved.
3. Ms. Manika Pandey Tripathy, learned counsel appearing for the petitioner contends that the petitioner was arrested by the police on 15.01.2015, and is in custody for about six years. She states that the coaccused has been granted bail by the trial court. It is further stated that there are material contradictions in the statements of the prosecution witnesses and in all likelihood the trial would result in the acquittal of the petitioner. On the other hand, Ms. Kusum Dhalla, learned APP appearing for the State contends that the application for bail which was filed by the petitioner before the learned Additional Sessions Judge, Tis Hazari Courts, New Delhi was rejected on 20.10.2020. She further states that the petitio
The court considered the factors for deciding a bail application, including the nature and gravity of the charge, and the likelihood of the accused absconding or committing other offences if released....
The court ruled that granting bail in murder cases requires careful consideration of the severity of the charge, risk of absconding, and the accused's past conduct, highlighting the risks involved in....
The severity of the accusations, legal provisions, and judgments referenced influenced the court's decision to dismiss the bail application.
The court denied bail based on the seriousness of the murder charge, evidence from eyewitnesses, and the petitioner's history of serious offenses necessitating careful consideration of potential witn....
The gravity of the charges, the interest of society, and the likelihood of the accused being available for trial are crucial factors in deciding bail applications.
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....
The court considered the prolonged incarceration and the unlikelihood of the trial being completed in the near future as grounds for granting bail.
The gravity and seriousness of the offence are crucial factors in deciding bail applications.
The court emphasized the need for a judicious exercise of discretion in granting bail, considering the nature of accusations, the evidence, and the larger interests of the public or State.
The severity of the charge of murder and the legal principles for granting bail in such cases were central to the court's decision.
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