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AMIT MAHAJAN
Satpal @ Kake – Appellant
Versus
The State Through Sho With P. S Prashant Vihar – Respondent
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JUDGMENT
1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 ('CrPC') seeking regular bail in FIR No. 288/2022 dated 13.04.2022, registered at Police Station Prashant Vihar, for offences under Sections 394/34 of the Indian Penal Code, 1860 ('IPC') and Sections 25/27 of the Arms Act, 1959. Chargesheet has been filed against the applicant for the offences under Sections 394/34/120B of the IPC and Sections 25/27 of the Arms Act, 1959.
2. The FIR was registered on a complaint given by the complainant, namely, Rajesh Kumar Singh. It is alleged that the complainant used to collect payment on behalf of Berry Tex Pvt. Ltd. from various places. It is alleged that on 13.04.2022, two persons robbed the victim on gun point and ran after looting his bag, which had an amount of Rs. 15.48 lakhs in it. Thereafter, the complainant chased the assailants for a while. It is alleged that both the said assailants escaped on a motorcycle that was driven by the applicant.
3. It is alleged that a secret information was received by the Police that, one, Pratima Singh, is in possession of some part of the looted amount. The said Pratima Singh, on being interrogated, all
Prima facie evidence and limitations of hearsay evidence in bail decisions.
The court established that personal liberty is paramount, and bail should be granted unless there are compelling reasons to deny it.
The seriousness of the offences, the identification of the accused, and the likelihood of the accused threatening the witnesses are crucial factors in considering a bail application.
Pre-arrest bail under Section 438 requires balance between individual liberty and societal order; applicant's history and ongoing investigation negated the grant of bail.
The decision highlighted the importance of considering the prolonged custody of the accused, the lack of progress in the trial, and the absence of incriminating evidence in granting regular bail.
Bail can be granted when there is no evidence linking the accused to the alleged crime.
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