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DINESH KUMAR SHARMA
Ajay Kumar – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 24796/2023
1. Exemption allowed subject to all just exceptions.
2. Application stands disposed of.
BAIL APPLN. 3067/2023
3. The present application has been filed seeking regular bail in case FIR No. 77/2023 under Sections 307/34 IPC registered at PS Govindpuri.
4. Learned counsel for the petitioner submits that as per the FIR, the role of the petitioner is that he only asked the accused party to teach complainant and his family a lesson.
5. Learned counsel for the petitioner submits that the accused was arrested on 01.02.2023 and he is in custody since then. It has been submitted that the charge-sheet has already been filed. It has further been submitted that the petitioner is pursuing the course of Chartered Accountancy.
6. Issue notice. Learned APP for the state has accepted the notice.
7. Learned APP for the state submits that the present case involves serious offence where the petitioner, in furtherance of common intention of all the other accused persons, assaulted the victims with knife on their face, neck and ear. Learned APP for the state further submits that two of the injured persons have suffered grievous injuries.
8.
The court may grant bail to a petitioner based on the period of detention, the petitioner's pursuits, and the absence of any other case against the petitioner, while emphasizing that the decision doe....
The court may grant bail to an accused considering the length of time in custody and the progress of the case.
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.
The court established that the nature of injuries and the duration of judicial custody are critical factors in determining the grant of bail under Section 439 Cr.P.C.
The court's decision was influenced by the seriousness of the offence, the potential threat to witnesses, and the need to prevent tampering with evidence, leading to the imposition of specific condit....
The court has the discretion to grant bail, even in serious cases, subject to imposing appropriate conditions to ensure the safety and compliance of the accused.
The court considered the likelihood of a lengthy trial and the filing of the charge sheet in granting anticipatory bail to the petitioner.
The decision highlighted the importance of considering the specific allegations and the potential influence on witnesses when granting bail in cases involving serious charges.
The court considered the stage of the trial, the petitioner's conduct, and the complainant's options for seeking protection in granting bail.
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