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DINESH KUMAR SHARMA
Sunny – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present application has been filed seeking regular bail under Section 439 Cr.P.C. in case FIR No.609/2022 under Sections 323/341/34, IPC, Police Station New Ashok Nagar.
2. Briefly stated, the facts are that a quarrel had taken place between the two parties on 10.09.2022 and injured were taken to LBS hospital by a PCR Van. In the hospital one Vimal Chand along with his wife namely Neeta were found admitted. On the MLC, the doctor had mentioned history of assault at home and the nature of injuries were under observations. In the same hospital one Rajpal and his son Sanjay were also found admitted. Since, none of the parties made any statement, the PCR call was kept pending. However, on 11.09.2022, some videos came to notice through social media wherein Vimal Chand was seen to be beaten by some persons with stick like object. SI Navdeep contacted victim Vimal Chand for his statement, who still did not make any statement saying that he was busy in his treatment. However, the Police registered an FIR No.609/2022 under Sections 323/341/34, IPC, Police Station New Ashok Nagar. On 12.09.2022, Vimal Chand lodged a written complaint wherein he allege
The court's discretion in granting bail is based on the nature of the accusation, severity of punishment, and the accused's criminal antecedents.
The court considered the totality of facts and circumstances, including contradictory witness testimonies and lack of criminal antecedents, in granting bail to the petitioner.
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's decision was influenced by the seriousness of the offence, the potential threat to witnesses, and the need to prevent tampering with evidence, leading to the imposition of specific condit....
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.
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