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AMIT SHARMA
Neeraj Kumar Chopra – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Amit Sharma, J. The is the second application under Section 439 of the Code of Criminal Procedure, 1973 (`CrPC') seeking grant of regular bail in FIR No. 132/2019 dated 03.03.2019 under Section 307 of the Indian Penal Code, 1860 (`IPC') and Sections 25/27/54/59 of the Arms Act, 1959 registered at PS Vasant Kunj. The previous application was dismissed as withdrawn vide order dated 29.04.2021.
2. The contents of the FIR No. 132 dated 03.03.2019, as recorded by Sub-Inspector Om Prakash are reproduced in vernacular as under:
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3. Learned counsel appearing on behalf of the applicant submits that the present case is one where the real victim has been made an accused by the investigating agency and the real offenders/criminals have been shown as victims. It is pointed out that it was applicant's wife who had made the first call to PCR, wherein it was said "PADHOSHI GHAR MAI GUS KAR JHAKRA KAR RAHA HAI OR GUN DIKHA KER GAYA HAI". It is submitted that despite a complaint being made by the wife of the applicant, no action was taken.
4. It is the case of the applicant that the latter and his family reside on the 4th floor of the building where the incident occurre
The main legal point established in the judgment is that the grant of bail was influenced by the lack of specific allegations, absence of corroborative evidence, and inconclusive electronic evidence ....
The court ruled that the applicant, as the prime accused in serious offences, cannot be granted bail due to the risk of trial tampering and his history of absconding, despite delays in the trial proc....
Bail is the rule and jail is the exception, and the length of judicial custody can be a factor 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.
Though accused has right to make successive applications for grant of bail, court entertaining such subsequent bail applications has a duty to consider reasons and grounds on which earlier bail appli....
Judges emphasized that proof in circumstantial evidence must be conclusive and establish guilt beyond reasonable doubt, especially in homicide cases, with a critical focus on the timing of alleged ev....
Point of Law : Grant of Bail looking at the nature of allegations made against the applicant in the FIR.
The main legal point established in the judgment is that previous involvements in criminal cases should not be the sole factor for denying bail if the available material justifies the discretion exer....
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