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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Shahrukh – Appellant
Versus
State – Respondent
Bail Appln. 2734 of 2023
Decided On : 18-08-2023
BAIL APPLICATION - THEFT AND ADMINISTERING INTOXICATING SUBSTANCE - The court granted bail to the accused based on the FSL report and the lack of recovery, considering the period of incarceration and the absence of evidence of inducement, threat, or promise.
Fact of the Case:
The accused filed a bail application seeking release in a case involving theft and administering an intoxicating substance to the victim.
Finding of the Court:
The court granted bail to the accused based on the FSL report, lack of recovery, and the period of incarceration, imposing certain conditions.
Issues: The main issue was whether the accused should be granted bail in light of the pending FSL report and the period of incarceration.
Ratio Decidendi: The court considered the FSL report, lack of recovery, and the period of incarceration as grounds for granting bail to the accused.
Final Decision: The court granted bail to the accused on the basis of the FSL report and the absence of recovery, imposing certain conditions.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 22063/2023 (exemption)
Exemption is allowed subject to all subject just exceptions.
BAIL APPLN. 2734/2023
1. The present bail application has been filed under Section 439 of Cr. PC read with Section 482 Cr. PC seeking bail in case FIR No.15527/2022 registered at PS wazirabad under Sections 379/328/34 IPC.
2. Briefly stated that the case of the prosecution is that on 02.06.2022, the accused persons after administering an intoxicating substance to the complainant/victim; committed theft of E-rikshaw and mobile phone of tecno company IMCI No. 56500546463129, 35656054643137. Initially, the victim was taken to BJRM Hospital and report was made at PS Swaroop Nagar. However, thereafter, it was found that the concerned police station is PS Wazirabad.
3. The FIR at PS Wazirabad was lodged on 05.06.2022. In addition, the victim had also lodged an e-FIR on the online portal. Accordingly, the accused persons were arrested on 08.06.2022 in DD No.160 dated 08.06.2022 under Section 41.1 (D) CrPC.
4. Consequently, the accused persons made a disclosure statement towards having committed this offence on the basis of which they were arrested. The accused persons refused to be part of TPI. Now the charge sheet has been filed. The Learned Session Court rejected the bail application pre-dominantly on the ground that the FSL report was still awaited.
5. Issue notice.
6. Learned APP for the State has accepted the notice and vehemently opposed the bail application. However, the FSL report has been furnished by Learned APP for the State. As per the FSL report, any Chemical, Microscopic, TLC & GC-MS examination, metallic poisons, ethyl and methyl alcohol, cyanide, Phosphide, alkaloide, barbiturates, tranquilizer and pesticides could not detected.
7. It has been stated that the accused is in custody since 11.06.2022. At this stage, the Court is only required to take a prima facie view. It is a matter of the record that no recovery has been affected. Taking into account, the facts and circumstances and the period of incarceration the petitioner is admitted to Court bail on furnishing a personal bond of Rs.20,000/- with one surety of the like amount to the satisfaction of the trial court, subject to the following conditions:
a) The petitioner shall not travel abroad without the permission of the Court,
b) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;
c) The petitioner shall provide his residential address and mobile number(s) to the Police Officer In Charge of the case.
d) In case of change of residential address and/or mobile number, the petitioner shall intimate the same to the Police Officer In Charge of the case/Court concerned.
8. In view of the above, the present bail application stands disposed of.
9. Copy of this order be communicated to concerned Jail Superintendent.
AI
A Charge-Sheet filed without a Chemical Analysis Report can be deemed valid, shifting the bail determination to merits rather than procedural deficiencies once filed within statutory limits.
The main legal point established in the judgment is that the non-filing of the FSL report along with the chargesheet does not make the chargesheet incomplete, and the accused cannot automatically cla....
Bail may be granted if the accused is named in a co-accused's disclosure statement without corroborative evidence, especially after substantial custody time, aligning with the right to a speedy trial....
The absence of legal evidence and FSL report, coupled with the prolonged trial process, can be grounds for granting bail in cases involving possession of alleged poisonous substances.
Non-filing of the FSL report along with the Charge Sheet did not entitle the Applicant to default bail, as the Charge Sheet, filed within the statutory period, was not incomplete without the FSL repo....
The court may grant bail to an accused considering the length of time in custody and the progress of the case.
The main legal point established in the judgment is that the charge sheet can be considered complete even without the FSL report, and the accused may not be entitled to default bail.
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