Back
RAJNISH BHATNAGAR
Ishwar Singh – Appellant
Versus
State And Anr. – Respondent
JUDGMENT
Rajnish Bhatnagar, J. - This petition is filed by petitioner seeking regular bail in FIR No. 268/2020 under Section 302 IPC and Sections 25/27/54/59 Arms Act registered at police station Gulabi Bagh.
2. In brief the facts of the case are that on 11.12.2020 SI Anjani Kumar received a PCR Call that "metro pillar no 142 Pratap Nagar Ek admi ko Goli Lagi Hai". Thereafter, he along with other staff reached the spot where victim later identified as Vikas Garg was found injured with gunshot at the spot with his motor cycle nearby. It is alleged that Vikas was shifted to Hindu Rao Hospital where he was declared brought dead and no eyewitnesses were found at the spot. Thus, the case FIR No. 268/20 under Section 302 IPC and Sections 25/27/54/59 Arms Act was registered.
3. During the investigation of the case, on 13.12.2020 an eye witness, namely, Kamlesh was found, who narrated the whole incident, that he plied Vikram Tempo and carried goods. On 11.12.2020 four bike riders on two motor cycles tried to rob the deceased of his bag and when he did not leave the bag one of them shot him and they all fled away taking the bag with them. He also disclosed the number of one motor cycle as DL5
The gravity and seriousness of the offence, the nature of the accusation and evidence, and the possibility of securing the accused's presence at trial are crucial factors in deciding bail application....
The seriousness of the allegations, the specific role attributed to the petitioner, and the refusal to participate in TIP proceedings are crucial factors in bail decisions.
Court denied bail due to serious allegations and corroborative evidence, emphasizing the burden of proof rests on the petitioner and the seriousness of the charges involved.
The entitlement to parity with a co-accused, lack of evidence of tampering or threatening of witnesses, and limited role in the alleged crime were key legal principles influencing the court's decisio....
The court emphasized that bail applications must be evaluated on their individual merits, irrespective of prior criminal history, especially when evidence is insufficient.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
