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DINESH KUMAR SHARMA
Vikas Pandey – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present bail application under Section 439 Cr.P.C. has been filed in case FIR No.151/2021 dated 05.04.2021 under Sections307 IPC, 1860 and 25/27 Arms Act, 1959 registered at Police Station Alipur.
2. Learned counsel for the petitioner submits that the petitioner is in custody since 05.04.2021. Learned counsel for the petitioner submits that that the chargesheet has been filed under Sections 307/34 IPC and 25/27 Arms Act. It has also been submitted that the other remaining co-accused have already been granted bail by the learned Trial Court. Learned counsel for the petitioner submits that without going into the merits of the case and taking into consideration the length of detention of the present petitioner, he may be granted bail.
3. Learned counsel for the petitioner has placed reliance upon the orders dated 02.09.2022 of the Supreme Court in Rahul Chandila vs. State of Uttar Pradesh in Criminal Appeal No.1407/2022 arising out of SLP(Crl.) No.7842/2022 and Ragni Pandey vs. State of Madhya Pradesh in Criminal Appeal No.1411/2022 arising out of SLP(Crl.) No.6187/2022.
4. Learned Addl. P.P. for the State has opposed the bail application. Le
The basic rule of the criminal justice system is bail and not jail, and the denial of bail amounts to deprivation of personal liberty.
The court emphasized the need to consider the peculiar facts and circumstances of the case, the severity of the accusation, and the criminal antecedents of the accused in granting bail.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court considered the totality of the facts and circumstances of the case and granted bail to the accused petitioners under Section 439 Cr.P.C.
The court emphasized the need for reasons for granting bail and the consideration of the prima facie case, severity of charges, and supporting evidence.
The court considered the completeness of the investigation, recovery of the weapon, lack of framed charges, and the petitioner's clean antecedents in granting bail under Section 439 Cr. PC.
The court allowed bail based on insufficient specific evidence and established parity with co-accused.
Granting bail is a judicial function that requires careful consideration of the specific role of the accused and the gravity of the offence.
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