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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Priyanka – Appellant
Versus
State of NCT of Delhi – Respondent
Bail Appln. 3653 of 2022, Crl.M.A. 4128 of 2023
Decided On : 28-04-2023
Bail - Criminal Law - Regular Bail - Summary
Fact of the Case:
The petitioner filed for regular bail in a case involving charges under Section 323/341/506/34 IPC and 3(1)(s)/3(1)(w)(i) of SC and the ST (Prevention of Atrocities) Act, 1989. The petitioner had been in custody since 30.06.2022, and the co-accused had already been granted bail.
Finding of the Court:
The court admitted the petitioner to bail on the condition of furnishing a personal bond and surety, along with several other conditions to ensure non-interference with witnesses and evidence.
Issues: The main issues were the seriousness of the offence, the potential threat to witnesses, and the fact that the co-accused had already been granted bail.
Ratio Decidendi: The court considered the circumstances of the case, the petitioner's custody, and the conditions imposed to prevent interference with witnesses and evidence.
Final Decision: The petition for regular bail, along with pending applications, was disposed of, and the order was sent to the concerned Superintendent Jail for compliance.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. Present petition has been filed for regular bail in case FIR No. 323/2022 dated 17.03.2022 under Section 323/341/506/34 IPC and 3(1)(s)/3(1) (w)(i) of SC and the ST (Prevention of Atrocities) Act, 1989.
2. Learned counsel for the petitioner submits that the co-accused Manpreet Kaur, Manju and Satvinder Singh have been granted bail by this court vide order dated 09.11.2022. Learned counsel for the petitioner submits that the present incident is allegedly of 18.12.20219 and the FIR was lodged on 17.03.2022. It has further been submitted that cross FIR no.431/2019 had been lodged under Section 323/341/354/506/295A/34 IPC at PS Khyala against the complainant party. The petitioner is in custody since 30.06.2022. There is no other involvement of the petitioner. Learned APP has opposed the bail on the ground that the offence is of serious nature. Learned APP also submits that the petitioner may threaten the witnesses. Charge sheet has already been filed. Trial may take a long time. Co-accused persons have already been granted bail.
3. In the facts and circumstances of the case, the petitioner is admitted to bail on his furnishing a personal bond in the sum of Rs. 20,000/- with one surety of the like amount subject to the satisfaction of the learned Trial Court subject to following conditions:
i) the petitioner shall not contact the complainant/any other witness of the case in any manner whatsoever;
ii) the petitioner shall not influence or induce or intimidate any witness in any manner;
iii) the petitioner shall not tamper with the evidence;
iv) the petitioner shall appear regularly before the learned trial court.
4. The petition along with the pending applications stand disposed of.
5. Copy of the order be also sent to the concerned Superintendent Jail for information and necessary compliance.
6. Copy of the order be given Dasti.
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 principle of parity and consideration of the identical role of the petitioner and a co-accused influenced the court's decision in granting bail.
The court established that the right to bail can be granted based on the circumstances of the case, including the nature of the allegations and the status of co-accused.
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 principle of parity with co-accused and the period of custody can be considered in granting bail.
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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