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VIKAS MAHAJAN
Rihan – Appellant
Versus
The State (Gnctd) – Respondent
JUDGMENT
Vikas Mahajan, J. - The present petition has been filed under Section 439 CrPC seeking grant of regular bail in connection with FIR No. 377/2017 under Section 306 IPC registered at P.S. Daryaganj (Subsequently charge sheet was filed under Sections 306/201/498A/302 IPC.
2. The case of prosecution is that on 26.07.2017, information was received from GTB Hospital that Shama w/o Rihan (Petitioner) has been admitted in hospital in unconscious condition who has been declared brought dead. When the police reached the Hospital, the doctor gave the MLC No. A-5475/2017 of deceased to the police in which it was written that patient declared brought dead in casualty on 12:15 am on 26.07.2017. It revealed that there were ligature marks on the neck of deceased.
3. During investigation, the IO recorded the statement of the father of deceased, namely, Nasiruddin in which he revealed that the deceased was not his biological daughter but she was adopted and the deceaseds real father is his brother. After that biological parents of the deceased were called and the biological father of the
The main legal point established in the judgment is the significance of considering prima facie evidence, nature and gravity of the charge, and the credibility of witnesses in bail applications, alon....
The main legal point established is the presumption of innocence until proven guilty, the principle that bail is the rule and jail is the exception, and the need to avoid undue hardship from detentio....
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 court emphasized the presumption of innocence, the delay in trial commencement, and the completion of the investigation as factors for granting bail, while also addressing the apprehension of wit....
Grant of bail is the rule and refusal is the exception.
The main legal point established in the judgment is the consideration of the nature of the relationship between the petitioner and the deceased, the possibility of a consensual romantic relationship,....
The court considered the proximity of alleged cruelty to the death and lack of specific allegations regarding dowry demands in granting bail to the petitioner.
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.
In dowry death cases, courts must exercise heightened vigilance, considering the broader societal impact and the specific link between cruelty and the death, often necessitating the denial of bail to....
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