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TALWANT SINGH
Mohd Imam @ Imamuddin – Appellant
Versus
State NCT Of Delhi – Respondent
JUDGMENT
Talwant Singh, J. - This is a second bail application of the accused/applicant.
1.1 Earlier bail application was dismissed as withdrawn on 11.10.2021. Thereafter, the regular bail application of the petitioner was dismissed by the learned ASJ on 31.01.2022.
2. The petitioner is stated to be a 35 year old person, married and having three minor school going daughters. He was arrested in the present case on 19.03.2021 and is in continuous judicial custody since then.
3. Charge sheet stands filed on 17.05.2021 under Section 307/186/353/34 IPC and under Section 25/27 of the Arms Act. The case was at the stage of Misc./Appearance when the bail application was filed. It has been submitted that there are no public witnesses in the present case. It was the petitioner, who was injured in the present case and none of the police officials were inujured.
3.1 The petitioner was shot at by the police officials who are witnesses in the present case and he received four bullet injuries. Giving background of the matter, it has been submitted that the petitioner had filed a writ petition in 2016 for conducting vigilance enquiry against police officials of Nand Nagri and the Hon'ble High Court was
The court emphasized that the duration of judicial custody, personal circumstances including care of minor children, and the nature of prior complaints against law enforcement officials are pivotal i....
The court reaffirmed that bail may be denied based on the severity of charges, potential for witness tampering, and substantial evidence of violent intent against law enforcement officers.
The principle of parity with other co-accused, completion of previous sentences, and progress in the examination of a main witness influenced the court's decision to grant bail.
Bail may be granted even in serious allegations when the accused has no criminal history, investigation is complete, and co-accused have been released on bail, emphasizing fair trial rights.
An accused should not be detained solely based on past convictions; parity with co-accused granted bail is a valid ground for bail application.
The main legal point established is that the decision to grant bail was influenced by the lack of criminal history, nature of injuries, recovery of weapons, and recorded statements of witnesses.
The severity of the attack on a Police Post and the evidence of the petitioner holding a firearm influenced the court's decision to dismiss the bail application.
Court inclined to grant bail to present accused/applicant on execution of personal bond with one surety of the like amount subject to conditions.
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