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VIKAS MAHAJAN
Vijay – Appellant
Versus
State (Through NCT of Delhi) – Respondent
JUDGMENT Vikas Mahajan, J. (Oral)
1. This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No. 0074/2020 under Sections 302/120-B/34 IPC registered at P.S. Ghazipur.
2. Vide order dated 22.02.2022, notice was issued in the bail application of the petitioner and the State was directed to file a Status Report.
3. The State has filed the Status Report dated 18.04.2022 which is on record.
4. The case of the prosecution is that deceased Raj Kumar was providing home tuitions to one woman named Jyoti. The husband of Jyoti namely Sachin had seen Raj Kumar with Jyoti and thereafter he picked a quarrel with the deceased many times. On 09.03.2020, the deceased was called by Jyoti to Flat No. 313 Ashirwad Apartment, where the petitioner herein was also present inside the flat. When the deceased entered the flat, the husband of Jyoti i.e. Sachin along with petitioner's friend Akash also reached there and they all brutally beat up the deceased. They also made videos from their mobile phones. After the beating, they took the deceased Raj Kumar in Sachin's car and dumped him on the other side of the main gate of Ashirwad Apartment from where witness
The presumption of innocence at the pre-conviction stage and the need to secure the presence of the accused during trial are key legal principles established in the judgment.
The main legal point established in the judgment is the presumption of innocence and the need to secure the presence of the accused during trial when considering a bail application.
Under Section 439 CrPC, prolonged pre-trial custody, lack of direct evidence, and the presumption of innocence support the grant of bail, especially when co-accused have been released.
The presumption of innocence at the pre-conviction stage and the need for a complete chain of evidence in cases involving circumstantial evidence are crucial legal principles established in the judgm....
The court affirmed that in serious offenses, circumstantial evidence and severity of potential punishment must prevail in bail considerations, denying the petitioner's release amid serious accusation....
Serious allegations of homicide justify denial of bail; the court must exercise discretion cautiously, considering evidence and potential risks including witness tampering.
Point of Law : The aspect of parity, role attached to accused, their position in relation to the incident and to victims is of utmost importance. High Court has proceeded on the basis of parity on a ....
The seriousness of the offence is not the sole consideration for deciding bail, and the object of judicial custody is to secure the presence of the accused during the trial.
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