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AMIT SHARMA
Manish Kumar @ Boxer – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT
Amit Sharma, J. The present application under Section 439 of the Code of Criminal Procedure, 1973 (`CrPC') seeks regular bail in case FIR No. 307/2020, under Sections 302/323/34 of the Indian Penal Code, 1860 (`IPC') registered at PS Begumpur, North-West.
2. The facts of the present case, as stated in the status report dated 24.07.2023, authored by SHO, PS Begumpur, are as under:
i. The present FIR was registered on 03.10.2020, at the instance of Smt. Sunita Devi (mother of the deceased) who alleged that on 28.09.2020, at about 04:30 PM, the accused persons, namely, Manish @ Boxer (the present applicant), Deepak and Narsingh @ Naresh @ Narshi beat her son, Sunder Yadav (the deceased), at a spot behind a school. She further alleged that thereafter, after the deceased returned home, the accused persons came to their house and beat the deceased again with dandas and kicks.
ii. The complainant further alleged that on the next day, i.e., 29.09.2020, she took her son to Dr. Baba Saheb Ambedkar Hospital, Rohini, Delhi for treatment, from where he was discharged at about 04:00 PM on the same day. Thereafter, it was stated that she took her son to the said hospital again on 30.09.202
Bail is the rule and jail is the exception, and the length of judicial custody can be a factor in granting bail.
The main legal point established in the judgment is that bail is the rule and jail is the exception, and that personal liberty should be balanced with the need to secure the accused's attendance at t....
Delay in filing an FIR and contradictions in witness statements can undermine the prosecution's case, leading to approval for bail despite serious allegations.
Presumption of guilt under POCSO, consistency of witness statements, attempt to influence witness as grounds for denying bail
The main legal point established in the judgment is that the decision to grant anticipatory bail was influenced by the evidence presented, lack of requirement for further custodial interrogation, and....
The significance of evidence and the burden of proof on the prosecution in cases involving serious charges like dowry harassment and abetment to suicide.
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