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RAJNISH BHATNAGAR
Sirajudulla – Appellant
Versus
State – Respondent
ORDER
Rajnish Bhatnagar, J.
1. The present bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No. 186/2019 under Section 302/34 IPC & 27 Arms Act registered at Police Station Tigri, Delhi.
2. In brief, the facts of the case are that on 09.07.2019, a PCR call vide DD No. 45 A regarding a firing incident was received stating therein that two boys after shooting one person had run away. IO reached the spot from where he came to know that the injured had been taken to Batra Hospital. IO obtained the MLC of the injured and the doctor opined the alleged H/o gunshot injury over right side occipital area with massive active bleeding and the victim was declared brought dead. IO recorded the statement of eye witness Niraj Sharma. On 10.07.2019, petitioner was arrested at the instance of co-accused and motorcycle bearing No. DL 3SFF-5233 which was used in committing the offence was recovered at the instance of the petitioner from his house which belongs to his father.
3. I have heard the Ld. counsel for the petitioner, Ld. APP for the State, perused the status report and also perused the records of this case.
4. It is submitted by t
The court considered the testimonies of material public witnesses, ownership and recovery of the motorcycle, and the petitioner's refusal to participate in the Test Identification Parade (TIP) in rea....
The seriousness of the allegations, the specific role attributed to the petitioner, and the refusal to participate in TIP proceedings are crucial factors in bail decisions.
The testimonies of witnesses, even if not eye witnesses, can be sufficient to establish the involvement of the accused and the motive for the crime, influencing the decision on bail applications.
The gravity and seriousness of the offence, the nature of the accusation and evidence, and the possibility of securing the accused's presence at trial are crucial factors in deciding bail application....
The prolonged detention of the petitioner without trial violates the right to a speedy trial, warranting the grant of bail.
The decision to grant regular bail was based on the length of custody, lack of support from key prosecution witnesses, and the interpretation of the accused's role in the case as per relevant legal p....
The entitlement to parity with a co-accused, lack of evidence of tampering or threatening of witnesses, and limited role in the alleged crime were key legal principles influencing the court's decisio....
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