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SUBRAMONIUM PRASAD
Gurnam Singh – Appellant
Versus
State NCT Of Delhi – Respondent
JUDGMENT
Subramonium Prasad, J. - This application under Section 439 Cr.P.C. read with Section 482 Cr.P.C. has been filed seeking grant of bail in FIR No. 108/2021 registered at Police Station Delhi Cantt. under Sections 392/395/397/120- B/412/188/269/34 of the Indian Penal Code, 1860 (hereinafter, IPC) & 25/27 of the Arms Act, 1959.
2. The facts, in brief, leading up to this petition are as follows:
a) It is stated that the Complainant had a flight to Dubai on 22.04.2021 at 4:40 AM for which he left his house at 21.04.2021 at about 11:00 PM by an Ola cab and went to Bangla Sahib Gurudwara, Connaught Place. It is stated that there he met his friend, Paras, who took the Complainant on his scooter, along with the Complainant's belongings, and dropped him near Dhaula Kuan petrol pump around 12:45 AM. It is stated that Paras called his friend, Pratap, and told him to come with his car to Dhaula Kuan petrol pump as the Complainant was standing there with his belongings. It is stated that Pratap, and after some time, Pratap's acquaintance, Surjit, came to the spot in their respective cars, and Surjit's friend, Nayyar Qureshi, also accompanied him. It is stated that the Complainant had kep
The seriousness of the offences, the accused's active involvement, and the likelihood of the accused repeating the offence if released are crucial factors in determining bail applications.
The seriousness of the offences, the identification of the accused, and the likelihood of the accused threatening the witnesses are crucial factors in considering a bail application.
The court's decision to grant bail was based on the completion of investigation, primarily documentary evidence, and the accused's custody for the past year, in line with the principles laid down by ....
The seriousness of the offence, the likelihood of absconding, and the petitioner's antecedents are crucial factors in determining eligibility for anticipatory bail.
The gravity of the conspiracy and its potential impact on public safety outweigh the arguments for bail at this stage.
The determination of whether a case is fit for the grant of bail involves the balancing of numerous factors, including the nature of the offence, the severity of the punishment, and a prima facie vie....
The main legal point established is the court's discretion in granting bail, considering the severity of the accusation, the petitioner's behavior, and the need to prevent indefinite custody, while e....
The nature and gravity of the offence, the potential impact on public safety, and the likelihood of the accused fleeing from justice are key considerations in bail decisions.
Point of Law : Grant of Bail - Petitioner cannot be made to languish behind bars for a longer period of time, and that veracity of allegations levelled against him can be tested during trial.
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.
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