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SUBRAMONIUM PRASAD
Sharukh @ Tannu – Appellant
Versus
State – Respondent
JUDGMENT
Subramonium Prasad, J. - The petitioner seeks bail in FIR No.43/2018 dated 21.02.2018 registered at Police Station Sadar Bazar for offences under Section 302/120-B/34 IPC read with Sections 25/27/54/59 arms act.
2. Facts, in brief, leading to the present FIR are as follows:-
i. On 21.02.2018, information was received at Police Station Sadar Bazar vide DD No.12a stating that one person is lying dead and his throat has been slit. Police reached the spot i.e Shahi Idgah Park, Motia Khan, Sadar Bazar, Delhi and found a male body there with his throat slit and injury marks on his abdomen. Deceased was identified as Shoaib @ Gandhi by the father of the deceased. FIR No.43/2018 dated 21.02.2018 was registered at Police Station Sadar Bazar for offences under Section 302 IPC.
ii. During investigation, one witness namely, Md. Tahid, disclosed that on 20.02.2018 at about 9:15 PM he saw the deceased Shoaib @ Gandhi along with Sakir, Sharukh (the Petitioner herein), Ravi and one CCL (X). It is stated that all of them were consuming liquor. Tahid disclosed that he left the place at about 10:00 PM. He further stated that at about 8:00 aM in the morning he came to know that Shoaib @ Gandhi ha
The main legal point established in the judgment is that the nature and gravity of the offence, along with the potential for influencing witnesses and tampering with evidence, are crucial factors in ....
In serious criminal offenses, bail may be denied due to the risk of tampering with evidence and potential witness intimidation, especially when substantial evidence exists against the accused.
Point of Law : Bail – Death by gun shot – Death body not containing any bullet wounds - bail granted
The court ruled that the serious nature of the charges, potential witness tampering, and public safety concerns justified the denial of bail.
Bail applications for serious offenses can be denied to prevent witness tampering, balancing individual liberty against public safety.
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 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.
The court denied bail based on the severity of the alleged offense and the presence of sufficient evidence to confirm the accused's involvement.
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