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TUSHAR RAO GEDELA
Shashank Jadon – Appellant
Versus
Central Bureau of Investigation – Respondent
JUDGMENT
Tushar Rao Gedela, J.
[The proceeding has been conducted through Hybrid mode]
1. This is an application under section 439 Cr.P.C., 1973 filed by the applicant seeking regular bail in FIR No. 207/2015, registered under section 302 IPC with P.S. Noida, Sector - 49, which was subsequently transferred to CBI and was renumbered as CBI RC03(S)/2016/CBI/SC-III/New Delhi.
2. The case of the prosecution is as under:
a. That, an FIR was registered on 13.04.2015 by Sh. Dharam Veer Singh u/s 302 IPC, 1860 at P.S. Noida, Sector 49, with reference to the murder of his son against unknown persons.
b. That after registration of the case, investigation was entrusted to the then Station Officer Manoj Yadav.
c. That the father of the deceased filed a writ petition before the High Court of Judicature at Allahabad, praying for transfer of investigation to CBI.
d. That the case was transferred to CBI pursuant to the order dated 26.04.2016 passed by the High Court of Judicature at Allahabad directing transfer of investigation of FIR No. 207/2015 dated 13.04.2015 registered at P.S. Sector 49, Noida, District Gautam Budh Nagar, Uttar Pradesh (Case Crime No. 276 of 2015) and consequently, the FIR came
The conduct of the accused, including making calls to witnesses and their subsequent turning hostile, raised strong presumption against the accused, influencing the court's decision to dismiss the ba....
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 decision highlights the importance of circumstantial evidence, witness credibility, and the accused's criminal history in bail applications.
The gravity of the offence, the sequence of events, and the evidence collected by the CBI are crucial factors in determining the bail application.
The presumption of innocence at the pre-conviction stage and the need for a complete chain of evidence in cases involving circumstantial evidence are crucial legal principles established in the judgm....
The main legal point established in the judgment is the need to crosscheck the truthfulness of allegations, the relevance of confessional statements made by co-accused in different cases, and the con....
The existence of a prima facie case, the gravity of the offence, the severity of punishment, the antecedent of the appellant, and the possibility of the appellant impeding the trial once he is releas....
The importance of reliable witness testimony and evidence in proving criminal charges, and the requirement for the prosecution to establish a case beyond reasonable doubt.
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