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SAURABH BANERJEE
Shubham @ Shivam – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
ORDER
1. This is an application under Section 439 Cr.P.C. seeking regular bail in FIR No. 697/2022 dated 12.08.2022 under Sections 147/148/149/307/427/506/323/34 IPC and Sections 25/27 of the Arms Act registered at PS Wazirabad.
2. As per the FIR, a group of around 10-15 men including the applicant gathered outside the house of the complainant in an inebriated condition at about 10:30 pm on 11.08.2022, holding empty beer bottles, bricks and one of them even had a gun. It is stated that they had gathered, looking for one Deepu @ Deepak, and tried to enter the house of the complainant. When the complainant tried to pacify the group, they threw bricks and stones at the house and also fired from the gun. The complainant identified the applicant as he lived nearby the FataFat Seva in Jharoda. They also pushed and vandalised the vehicles parked by the road and fired 2 gunshots injuring 2 persons.
3. Learned counsel for the applicant submits that the investigation is complete and chargesheet has already been filed. The charges have already been framed on 20.01.2023, but no witnesses have been examined so far. He states that no recovery has been made from the applicant and also that the
The main legal point established is that the nature of offenses and the pendency of other criminal cases against an accused cannot be the sole basis for rejection of bail. The court emphasized the ne....
The court ruled that mere pendency of multiple criminal cases cannot be the sole basis for denial of bail, emphasizing that the purpose of bail is to ensure the accused's presence during trial.
Prolonged incarceration without trial can violate the fundamental right to life and personal liberty under Article 21 of the Constitution, necessitating the grant of bail under appropriate conditions....
The refusal of bail to the applicant was based on the nature and gravity of the offence, the likelihood of the applicant influencing witnesses, and the settled legal principles for granting bail in h....
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The decision to grant regular bail was based on the lack of substantial evidence indicating the petitioner's involvement and the weak nature of the disclosure statement as evidence.
The principle of parity, potential trial duration, and satisfactory jail conduct are key factors in granting bail.
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