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VIKAS MAHAJAN
Saurabh Sharma – Appellant
Versus
State – Respondent
JUDGMENT
Vikas Mahajan, J. - The present petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with FIR No. 188/2022 under Sections 302/307/34 IPC registered at PS Paharganj.
2. Vide order dated 12.05.2023, notice was issued in the bail application of the petitioner and the State was directed to file a status report. The State has filed a status report dated 03.07.2023.
3. The case of the prosecution as borne out from the chargesheet is that on 01.03.2022, information vide DD No. 45A was received at the police station that a knife stabbing incident has taken place behind KG Hotel, Paharganj. On receipt of the above information, police staff reached at the spot i.e. Fitness Hub Gym, 1663-64, Main Bazar, Chuna Mandi, behind KG Palace Hotel, Pahar Ganj. After inspection, blood spots were found inside the said Gym and in the street outside the gym.
4. Thereafter, an enquiry was conducted at the spot, wherein it was revealed that the injured persons were taken to Lady Harding Medical College Hospital, New Delhi. Accordingly, police staff reached at LHMC Hospital, wherein 02 persons namely, Manoj Manchanda and Vicky Manchanda/com
Presumption of innocence, consideration of gaps in prosecution's version, and potential for protracted trial influenced the court's decision in granting bail.
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 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 main legal point established in the judgment is the consideration of evidence, pending charges, and the expected trial duration in the decision to grant bail.
The court established that in the absence of credible evidence linking the accused to the crime scene, bail should be granted, especially when trial proceedings are expected to be lengthy.
Theory of close-range shot is just a conjecture of the investigating agency and is not based on scientific fact.Simply because copper like pieces were found near the exit wound of the body, as per th....
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 ....
Grant of Bail - Injuries/Wounds/Weapons - Murder - Petitioners even though were present as members of a mob at Gali No. 1 Akhadewali gali after 11.00 PM when some members of this mob were armed howev....
The central legal point established in the judgment is the requirement for admissible evidence and compliance with legal provisions in justifying continued detention and granting bail.
The court held that bail should not be denied without substantiated evidence, and that incarceration without purpose constitutes unjust punishment before trial.
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