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YOGESH KHANNA
Hitesh Pratap Singh Chauhan – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT :
Yogesh Khanna, J.
Petitioner seeks regular bail in case FIR No. 216/2019 under Section 364/302/201/120B/34 IPC registered at police station Greater Kailash-I, Delhi.
2. The learned senior counsel for the petitioner submits there is no direct evidence against the petitioner and the alleged circumstantial evidence raised against him is a bleak one, hence pending trial, the petitioner be granted bail.
3. The facts of the case reveal on 16.11.2019. the complainant came to the police station Greater Kailash-I, New Delhi and reported her brother Sh. Arun Kumar Sharma age-64 years had left his residence at Kailash Colony, New Delhi for the purpose of attending execution proceedings at Gurugram Courts. On 15.11.2019., he left the house at around 08.35 AM to board a Metro train from Kailash Colony Metro Station. He was scheduled to meet his lawyer at M.G. Road Metro Station and had been missing ever since. She further stated there was an on-going dispute between his brother Arun Sharma and one Rishi Rajpal Singh Chauhan and his wife Chander Bala with regard to property at Sector-17, Urban Estate, Gurugram.
4. That during the course of investigation, the investigation officer had colle
The discretion of the High Court to grant bail must be exercised with the due application of mind and in compliance with the conditions laid down by the Court. The grant of bail is to be secured with....
The main legal point established in the judgment is the reliance on evidence including CDR, mobile locations, and previous involvements of the accused to establish the role of the petitioner as the m....
Point of law : In a case of conspiracy, every accused may not be present at the spot however, if there is prima facie material to show meeting of mind and that pursuant thereto, an offence is committ....
The significance of motive in completing the chain of circumstances in cases based on circumstantial evidence.
The presumption of innocence at the pre-conviction stage and the need to secure the presence of the accused during trial are key legal principles established in the judgment.
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