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VIKAS MAHAJAN
Akash Kumar – Appellant
Versus
State – Respondent
JUDGMENT
Vikas Mahajan, J.
1. This is a petition filed by the petitioner under Section 439 CrPC seeking regular bail in FIR No. 0074/2020 under Sections 302/34 IPC registered at Police Station Ghazipur. Section 120B against the petitioner was later on added in the charge-sheet.
2. Vide order dated 02.05.2023, notice was issued in the bail application and the State was directed to file a Status Report.
3. The State has filed the Status Report dated 20.07.2023 which is on record.
4. The case of the prosecution is that deceased Raj Kumar used to provide home tuitions to one woman named Jyoti. The husband of Jyoti namely Sachin had seen Raj Kumar with Jyoti and thereafter he picked a quarrel with the deceased many times. On 09.03.2020, the deceased was called by Jyoti to Flat No. 313 Ashirwad Apartment, where the co-accused Vijay was also present inside the flat. When the deceased entered the flat, the husband of Jyoti i.e. Sachin along with Akash (petitioner herein) also reached there and they all brutally beat up the deceased. They also made videos from their mobile phones. After the beating, they took the deceased Raj Kumar in Sachin's car and dumped him on the other side of the
The main legal point established in the judgment is the presumption of innocence and the need to secure the presence of the accused during trial when considering a bail application.
Under Section 439 CrPC, prolonged pre-trial custody, lack of direct evidence, and the presumption of innocence support the grant of bail, especially when co-accused have been released.
The presumption of innocence at the pre-conviction stage and the need to secure the presence of the accused during trial are key legal principles established in the judgment.
Serious allegations of homicide justify denial of bail; the court must exercise discretion cautiously, considering evidence and potential risks including witness tampering.
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....
Point of Law : The aspect of parity, role attached to accused, their position in relation to the incident and to victims is of utmost importance. High Court has proceeded on the basis of parity on a ....
Presumption of innocence, consideration of gaps in prosecution's version, and potential for protracted trial influenced the court's decision in granting bail.
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