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DINESH KUMAR SHARMA
Vikas – Appellant
Versus
State (N. C. T. of Delhi) – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 10610/2023 in BAIL APPLN. 815/2022
1. The present application has been moved seeking an early hearing.
2. For the reasons stated in the application, it is allowed.
BAIL APPLN. 815/2022
3. The present application has been filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant seeking regular bail in FIR bearing No. 228/2020 registered at Police Station Narela for an offence punishable under Section 302/34 of the Indian Penal Code, 1860.
4. Learned counsel for the applicant submits that the only evidence which is available against the applicant is the disclosure statement made by the applicant/accused and his refusal to take part in TIP proceedings. Learned counsel for the applicant further submits that the applicant is in custody since 09.07.2021. It is further submitted that the charge sheet has already been filed, however, the charges have yet not been framed and the trial may take a long time.
5. Learned APP for the State has vehemently opposed the bail application and submits that the present FIR was lodged on the statement of Durga Singh wherein he has alleged that on the intervening night of
The need for judicious exercise of discretion in granting bail in serious offence cases, considering the nature of accusation, severity of punishment, supporting evidence, and other relevant circumst....
The court considered the period of incarceration, examination of the victim and her mother, and the principles regarding the grant of bail in serious offence cases as established in Kalyan Chandra Sa....
The main legal point established in the judgment is the need for a judicious exercise of discretion in granting bail, considering the seriousness of the offence, the nature of the evidence, and the p....
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.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
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 court emphasized the need for a judicious exercise of discretion in granting bail, considering the nature of accusations, the evidence, and the larger interests of the public or State.
The severity of the charge of murder and the legal principles for granting bail in such cases were central to the court's decision.
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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