TALWANT SINGH
Vinod Singh Chandel – Appellant
Versus
State Of NCT Of Delhi – Respondent
JUDGMENT
Talwant Singh, J. - These are the petitions under Section 439 Cr.P.C. read with Section 482 Cr.P.C. for grant of regular bail in case FIR No. 0201/2022 registered under Section 308/323/341/509/427/34 IPC at PS Inderpuri.
2. Both the accused were arrested on 30.03.2022. The FIR in this matter was registered on 20.03.2022 on a written complaint given by the complainant Shri Mukesh Chaudhary, advocate, dated 15.03.2022 regarding the incident which had taken place on the night of 14.03.2022. The present petitioners had moved bail applications before the learned aSJ at New Delhi Districts, Patiala House Court on 01.04.2022 and the same were dismissed on 02.04.2022.
3. Notice was issued on 08.04.2022.
4. Status report has been filed.
5. I have heard the arguments on behalf of the petitioners, State as well as on behalf of the complainant. The bail applications moved by the present petitioners before the learned aSJ were dismissed mainly on the ground that investigation was at initial stage on 02.04.2022 and co-accused persons were yet to be arrested, so no ground was made out for grant of bail to the applicants. The order dated 02.04.2022 is reproduced here under:
'2.04.2022
Bail ap
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.
Personal liberty is a fundamental right, and bail serves to secure attendance at trial, not as a punitive measure.
Grant of Bail – Investigation completed – Conditions imposed.
Grant of Bail - Object of the bail is to secure the attendance of the accused in the trial and the proper test to be applied in the solution of the question whether bail should be granted or refused ....
The main legal point established in the judgment is that bail is the rule and jail is the exception, and that personal liberty should be balanced with the need to secure the accused's attendance at t....
Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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