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DINESH KUMAR SHARMA
Vicky @ Kaku – Appellant
Versus
State GNCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 17041/2023 (exemption)
Exemption is allowed subject to all just exceptions.
BAIL APPLN. 2191/2023
1. The present application has been filed under Section 439 Cr. PC seeking grant of regular bail in case FIR No.461/2022 registered at PS Anand Parbat under Section 307/34 IPC.
2. The charge-sheet has been filed under sections 307/324/34 IPC and Sections 25/27/54/59 Arms Act.
3. Learned counsel for the petitioner submits that the petitioner is in custody since 23.09.2022. Learned counsel submits that the investigation is complete and the charge sheet has also been filed. It has been submitted that co accused-Nitin has already been admitted to bail.
4. Learned counsel for the petitioner further submits that even as per the medical report dated 15.04.2023 filed by the Deputy Superintendent, the petitioner is not keeping well. Learned counsel submits that therefore the petitioner may be admitted to bail.
5. Learned APP for the State has vehemently opposed the bail application and submits that the role of the present petitioner is the most grave in nature as he was the person who with the buttondar knife caused grievous injuries to the vict
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.
The basic rule of the criminal justice system is bail and not jail, and the denial of bail amounts to deprivation of personal liberty.
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 may grant bail to an accused considering the length of time in custody and the progress of the case.
The court considered the stage of the trial, the petitioner's conduct, and the complainant's options for seeking protection in granting bail.
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 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 seriousness of the offense and the potential threat to witnesses are key factors in determining the grant of bail in cases involving serious charges.
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