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SAURABH BANERJEE
Naseeb – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
1. This is a bail application seeking grant of regular bail filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 being accused in FIR No.229/2022 dated 07.03.2022 registered at P.S.: DBG Road, Delhi under Sections 394/395/482/412/120B/34 of the Indian Penal Code, 1860 and under Section 25 of the Arms Act, 1959.
2. As per FIR, on 07.03.2022, the complainant while returning from office with one of his employees after collecting money, was assaulted by the applicant and other co-accused persons, who also took Rs.91,00,000/- from them. Thereafter, the applicant and the co-accused persons were apprehended from Rajpura, Punjab on 10.03.2022 when Rs.4,00,000/-, out of the total recovered amount of Rs.38,00,000/-, was recovered from the applicant. During investigation, a further amount of Rs.3,00,000/- was recovered from the applicant's house on 12.03.2022. Thereafter, charge sheet was filed after conclusion of investigation and one of the co-accused persons was released on bail without conducting any Test Identification Parade (TIP).
3. Learned counsel for the applicant submits that the applicant is in judicial custody since 10.03.2022. He seeks par
The principle of parity, potential trial duration, and satisfactory jail conduct are key factors in granting bail.
Point of law :Grant of Bail - Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is co....
The main legal point established in the judgment is that the grant of bail was based on the lack of strong and convincing material connecting the applicant to the alleged incident.
The main legal point established in the judgment is that the decision to grant bail was influenced by the lack of legal evidence connecting the applicant to the alleged offence and the precedent of g....
The main legal point established is that the period of detention and lack of criminal antecedents can be considered in granting bail, without commenting on the merits of the case.
The court emphasized that bail is a rule and pre-trial detention is an exception, prioritizing personal liberty and the absence of evidence against the accused.
The court granted bail based on the similarity of the Applicant's role to a co-accused granted bail, emphasizing the need for consideration of the nature of allegations and custody duration.
The principle of parity with other co-accused, completion of previous sentences, and progress in the examination of a main witness influenced the court's decision to grant bail.
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