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DINESH KUMAR SHARMA
Priyanka – Appellant
Versus
State of NCT of Delhi – Respondent
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 bo
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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