DINESH KUMAR SHARMA
Padam Singh – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present application has been moved for grant of bail in case FIR No.55/2018 registered under section 307 IPC at PS Kotwali.
2. Learned counsel for Applicant submits that the accused is in custody since 15.02.2018.
3. The facts in brief are that the FIR was lodged on the statement of Bhagwan Das/complainant wherein he alleged that he resides alongwith the Applicant on a pavement and used to do drugs together. It has been alleged that on the day of incident also the Applicantpressurised the victim to provide liquor and on his refusal, petitioner allegedly stabbed him.
4. After investigation the charge-sheet was filed. The statement of complainant has been recorded before the learned Trial Court. In his statement PW-7 has stated that on the day of incident he had consumed liquor and was standing at Company Bagh, Chandni Chowk and while he was under the influence of liquor he was stabbed on the right side of his chest and right arm.
5. Injured has stated that when the incident happened he was in a drunken condition and the assailant is unknown to him as he had not seen him prior to the incident. The witness was declared hostile. In the cr
The court may grant bail to an accused considering the length of time in custody and the progress of the case.
Prolonged pre-trial detention without prior criminal history can be a significant factor in granting bail, provided that conditions are imposed to safeguard the integrity of the trial.
The court may grant bail to a petitioner based on the period of detention, the petitioner's pursuits, and the absence of any other case against the petitioner, while emphasizing that the decision doe....
The court considered the petitioner's personal circumstances, lack of criminal history, and completion of investigation as key factors in granting bail, while also taking into account the lack of opp....
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 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.
Bail should ensure the accused's attendance at trial, not serve as punitive action, highlighting the principle of presumption of innocence.
The court denied bail based on the gravity of the charges and substantial corroborating evidence of the applicant's active involvement in the murder.
Point of Law : Rejection of Bail - Several of co-accused are still absconding - There is a likelihood of applicant also jumping bail and flee from justice since many of his associates are yet to be a....
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.
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