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TALWANT SINGH
Anis @ Dupettewala – Appellant
Versus
State ( Govt. Of Nct, Delhi) – Respondent
JUDGMENT
Talwant Singh, J. - The petitioner/applicant has moved this regular bail application in FIR No. 20/2015 under Section 302/396/412//34 IPC and 25/27 arms act registered at PS Kamla Market. His earlier bail application was dismissed by the learned Trial Court on 04.10.2021.
2. The case of the prosecution, as narrated by the petitioner/applicant, is that on 11.01.2015, Constable Mukesh had given the information to the Police Station that a young boy was found in an injured condition, who was shifted to hospital. The said injured was declared as 'brought dead' on his arrival at the hospital.
2.1. The present FIR was registered under Section 302 IPC. The deceased was later on identified as Rehman Usmani. During investigation, the present petitioner/applicant along with other persons, was arrested and charge sheet was filed under Section 302/396/412/34 IPC and 25/27 arms act. The said case is a pending adjudication before the learned aSJ, Tis Hazari Court. The co-accused, Tehsin was released on regular bail by this Court vide order dated 25.09.2020. The other co-accused, namely, arshad, adil and Nadeem, were released on bail by the learned Trial Court.
2.2 The present petitioner/a
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.
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 decision to grant regular bail was based on the length of custody, lack of support from key prosecution witnesses, and the interpretation of the accused's role in the case as per relevant legal p....
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.
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....
Point of law :Grant of Bail - Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is co....
The main legal point established in the judgment is the consideration of the length of custody, lack of evidence of the petitioner being a habitual offender, contradictions in the complainant's state....
Court inclined to grant bail to present accused/applicant on execution of personal bond with one surety of the like amount subject to conditions.
The main legal point established in the judgment is that the lack of specific attribution of any injury to the petitioner and the prolonged custody of the petitioner were key factors in granting the ....
The court denied bail due to the serious nature of the charges and the risk of evidence tampering, emphasizing the need to balance individual liberty with justice.
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