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VIKAS MAHAJAN
Manwar @ Hussain – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Vikas Mahajan, J.
1. The present petition has been filed under Section 439 Cr.PC seeking regular bail in connection with FIR No.668/2020 under Sections 302/34 IPC registered at PS Adarsh Nagar.
2. The case of the prosecution is that the deceased Rahul was admitted in BJRM Hospital, Jahangirpuri, Delhi in an unconscious condition. The MLC of the deceased mentions history of physical assault (few people slapped him) as told by the patient's father. During treatment the injured patient succumbed to his injuries. No witness to the incident was found in the hospital. On examining the body, no apparent injury was found. The post mortem of the deceased was conducted on 08.10.2020. In the meantime, Sh. Dharampal son of Sh. Jai Bhagwan, an eye witness to the incident, reached and stated that the deceased was his nephew. He further stated that about two month's back it came to the notice of the family that deceased Rahul was having a love affair with one girl namely Sagufa and her family members were annoyed with Rahul and were restricting them from meeting.
3. On 07.10.2020 at about 7.00 PM, friend of the complainant/Dharampal, namely, Raju informed him telephonically that 4/5 bo
The seriousness of an offense is not the sole consideration for deciding bail; the court must consider witness testimonies and the petitioner's circumstances.
The seriousness of the offence is not the sole consideration for deciding bail, and the object of judicial custody is to secure the presence of the accused during the trial.
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 decision to grant regular bail was based on the length of custody, lack of support from key prosecution witnesses, and the interpretation of the accused's role in the case as per relevant legal p....
The seriousness of the allegations, the petitioner's criminal history, and the possibility of influencing witnesses are crucial factors in determining bail applications in criminal cases.
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 court affirmed that the severity of allegations, potential for witness tampering, and contradictions in medical evidence warranted the denial of bail, irrespective of the claimed false implicatio....
The main legal point established in the judgment is the consideration of the petitioner's role, antecedents, and responsibilities as a young mother in granting regular bail.
The court denied bail due to the serious nature of the charges and the risk of evidence tampering, emphasizing the need to balance individual liberty with justice.
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