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SAURABH BANERJEE
Sandeep Dahiya @ Baaja – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT
1. The applicant vide this application under Section 439 Cr.P.C. is seeking grant of regular bail in FIR No. 170/2019 dated 16.04.2019 registered at P.S. Bawana under Sections 364A/395/397/34 IPC.
2. The applicant was formally arrested on 28.02.2020 based on a disclosure statement made in another FIR No. 01/2020 also registered at PS: Bawana under Sections 25/54/59 of the Arms Act, 1959 wherein he has been in custody since 01.01.2020. A supplementary charge sheet has since been filed. The charges have been framed and the trial is at the stage of prosecution evidence before the learned Trial Court.
3. As per FIR, the paternal uncle of the complainant, while returning in his car (Honda Amaze Dark Grey) bearing registration number DL-3CCE2452 from his factory at A-161 Sector-2, DSIIDC Bawana was abducted by 2-3 men at around 10:40 pm on 15.04.2019. They not only demanded a ransom of Rs.10,00,000/- from him but also threatened to kill him in case of his failure to pay the same. Thereafter, the victim himself gave his statement on 17.04.2019 stating that he was abducted on gun point by 5 persons who took his car and also robbed him of certain valuable belongings, Rs.30,000/-
The denial of bail was based on the seriousness of the offence and the likelihood of the applicant influencing witnesses.
The decision to grant bail was influenced by the petitioner's prolonged incarceration, examination of material witnesses, and the fact that other co-accused persons with similar roles were already on....
The principle of parity, potential trial duration, and satisfactory jail conduct are key factors in granting bail.
The court denied bail due to the serious nature of the charges and the risk of evidence tampering, emphasizing the need to balance individual liberty with justice.
The main legal point established is that the nature of offenses and the pendency of other criminal cases against an accused cannot be the sole basis for rejection of bail. The court emphasized the ne....
The court emphasized that bail should not be granted if there is a strong likelihood of witness tampering and the accused is charged with a serious offence.
The main legal point established in the judgment is the importance of evidence, the nature of the accusations, and the severity of the punishment in considering the grant of bail, as well as the prin....
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.
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