Back
AMIT SHARMA
Amit Singh Bhandari@amit Pal – Appellant
Versus
State – Respondent
JUDGMENT
Amit Sharma, J.
1. The present application under Section 439 of the Code of Criminal Procedure, 1973 ('CrPC') seeks regular bail in case FIR No. 409/2015, under Sections 302/397/411/120B/34 of the Indian Penal Code, 1860 ('IPC'), registered at PS. Kapashera, Delhi.
2. It is the case of the prosecution that on 22.09.2015, a PCR call was received vide DD Entry No. 18A and 19A and acting on it, the concerned police personnel reached H.No. 154/3, Dundahera Road, Bijwasan, Delhi. They were apprised that a lady namely, Bimla Devi, had been taken to Columbia Asia Hospital by her son. Upon reaching Columbia Asia Hospital, the police was informed that the aforesaid lady was declared brought dead. Thereafter, statement of complainant, Sh. Gaurav Bhardwaj, i.e., son of the deceased, was recorded and present FIR was registered under Section 302 of the IPC at PS. Kapashera. It is the case of the prosecution that during the course of further investigation, on 12.10.2015 Crime Branch South, P.S. R.K. Puram gave information regarding the arrest of the present applicant. It is further the case of the prosecution that the present applicant, on further interrogation disclosed that he was residi
The court emphasized the need for prima facie satisfaction of the court in support of the charge and the consideration of supporting evidence when deciding on bail applications in serious criminal ca....
The discretion of the High Court to grant bail must be exercised with the due application of mind and in compliance with the conditions laid down by the Court. The grant of bail is to be secured with....
The main legal point established in the judgment is that previous involvements in criminal cases should not be the sole factor for denying bail if the available material justifies the discretion exer....
The main legal point established in the judgment is that the grant of bail was influenced by the lack of specific allegations, absence of corroborative evidence, and inconclusive electronic evidence ....
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.
Judges emphasized that proof in circumstantial evidence must be conclusive and establish guilt beyond reasonable doubt, especially in homicide cases, with a critical focus on the timing of alleged ev....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
