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DINESH KUMAR SHARMA
Praveen – Appellant
Versus
State NCT of Delhi Through Cheif Secretariat – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--This is a bail application being moved by the petitioner in case FIR No. 872/2020 registered at PS Mohan Garden under sections 307/34 IPC and 27 Arms Act.
2. Learned counsel for the petitioner submits that the identity of the petitioner is still not established. It has been submitted that the accused is in custody since 19.12.2020. It has further been submitted that the trial may take a long time and therefore petitioner may be admitted to bail.
3. Learned APP for the State has opposed the bail application. It has been submitted that a PCR call entry vide DD No. 21A dated 18.12.2021 "do ladke ghar me ghushkar goli marker gye hai" was received at PS Mohan Garden and in pursuance to it the Police reached on the spot and found that the injured had already been taken to the hospital. In the hospital, the statement of mother of the injured was recorded. The complainant alleged that a boy namely Karan had developed the friendship with the daughter, and they become Facebook friends. The complainant stated that Karan wanted to marry her daughter however, it was not acceptable to them. On rejection, accused-Karan started giving threats to her daught
The seriousness of the offense and the potential threat to witnesses are key factors in determining the grant of bail in cases involving serious charges.
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 emphasized that bail should not be granted if there is a strong likelihood of witness tampering and the accused is charged with a serious offence.
The court considered the grounds for granting bail, including the prima facie case, the possibility of the accused being away from the cause of justice, and the possibility of intimidating or threate....
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 considered the period of detention and the seriousness of the allegations in deciding to admit the petitioner to court bail.
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 period of incarceration, examination of the victim and her mother, and the principles regarding the grant of bail in serious offence cases as established in Kalyan Chandra Sa....
Granting bail in cases involving serious allegations requires consideration of the specific circumstances and the need to await the appreciation of evidence by the trial court.
The court emphasized that at the stage of bail, the court cannot go into the detailed examination of the facts and should take a prima facie view, considering the gravity of the offense and the circu....
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