Back
SUBRAMONIUM PRASAD
Arun Kumar @ Arun Kumar Malik – Appellant
Versus
State – Respondent
JUDGMENT
Subramonium Prasad, J. - The petitioner seeks bail in FIR No. 70/2020 dated 27.02.2020 registered at PS Bhajanpura for offences under Sections 147, 148, 149, 302, 307, 396, 436, 455, 201, 188, 34 of the Indian Penal Code, 1860 (hereinafter, IPC).
2. The FIR relates to the violence that took place in the National Capital Territory of Delhi in the month of February 2020.
3. The brief facts leading to the instant Bail Application are that on 25.02.2020, around 11:00 AM., the complainant had gone to purchase milk from a nearby shop when he received a call from his son Asif informing him that a huge crowd of around 100 people had gathered near their house in support of NRC and CAA. The crowd was chanting slogans of Jai Shree Ram. The crowd later entered their house after breaking open the locks, and set it on fire. It is stated that the complainant's family members and employees rushed to the top floor of the house. The complainant's family members and workers were safely rescued from the roof of his residence, which was made possible by the rescue operation launched by the police in support with the locals of the vicinity.
4. It is stated that the complainant's mother, Smt. Akb
The active participation of an accused in an unlawful assembly, as evidenced by their conduct, can lead to vicarious liability under Section 149 IPC, warranting denial of bail.
The court emphasized the need to balance personal liberty with the enforcement of criminal law and the duty to ensure that the law does not become a tool for targeted harassment.
The main legal point established in the judgment is the need to balance personal liberty with the enforcement of criminal law, considering factors such as lack of evidence, the accused's age, and the....
Bail is the rule and jail is the exception, and the court must balance personal liberty with the enforcement of criminal law.
The main legal point established in the judgment is that bail is the rule and jail is the exception, and Courts must exercise their jurisdiction to uphold the tenets of personal liberty, subject to r....
Bail is the rule and jail is the exception, and Courts must uphold the tenets of personal liberty, subject to rightful regulation by validly enacted legislation.
The court emphasized the need for a clear finding on the nature of unlawful common object and highlighted the importance of considering the length of incarceration and the unlikelihood of a timely tr....
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
