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VIKAS MAHAJAN
Pradeep – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT
Vikas Mahajan, J.
1. The present petition has been filed under Section 439 Cr.P.C seeking grant of regular bail in connection with the FIR No. 0297/2021 under Sections 302/34 IPC registered at P.S. Mangolpuri.
2. The case of the prosecution as borne out from the status report is that on 05.04.2021, information was received that a dead body was lying in a park. Accordingly, police officials reached the spot, where they found a person in an unconscious state having multiple injuries on his face. Thereafter, efforts were undertaken to establish the identity of the body.
3. In the meantime, one person namely, Naresh reached the spot and identified the unconscious person as his brother Chanderbhan s/o Sobharam R/o L-956, Mangolpuri, New Delhi who was missing since 04.04.2021. Naresh specifically alleged that the deceased's scooty was found parked outside the shop of witness-Pradeep, who in-turn had informed the family of the deceased that the deceased went with Pradeep (petitioner herein) and Raju on their motorcycle. The aforesaid FIR thus, came to be registered.
4. During course of investigation, statement of witness-Pradeep was recorded under Section 161 Cr.P.C. who stated that t
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 presumption of innocence, the need for reasons in bail decisions, and the potential for injustice in prolonged incarceration for unproven offenses are central legal principles established in the ....
The presumption of innocence at the pre-conviction stage and the need to avoid prolonged custody without a conclusion of the trial influenced the court's decision to grant regular bail to the petitio....
The court affirmed that in serious offenses, circumstantial evidence and severity of potential punishment must prevail in bail considerations, denying the petitioner's release amid serious accusation....
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 main legal point established in the judgment is the presumption of innocence and the need to secure the presence of the accused during trial when considering a bail application.
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.
Presumption of innocence, consideration of gaps in prosecution's version, and potential for protracted trial influenced the court's decision in granting bail.
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