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VIKAS MAHAJAN
Rohit Krishnan Mahanta – Appellant
Versus
State – Respondent
JUDGMENT
Vikas Mahajan, J.
1. The present petition has been filed under section 439 CRPC seeking grant of regular bail in connection with FIR NO. 387/2017 under sections 302/307 of the Indian Penal Code, 1860 registered at PS Safdarjang Enclave.
2. The case of the prosecution as borne out from the status report is that on 17.09.2017, information was received regarding an accident & when the police reached the spot, they found three vehicles in accidental condition at the spot. One eye witness namely, Raju was found present on the spot and the injured persons were shifted to AIIMS Trauma Centre by PCR van and by public persons. The police reached the hospital with the eye witness-Raju & found injured Satish (Auto Driver), Maninder (Pillion rider of the motorcycle) and Gurpreet Singh (driver of the motorcycle) present there, who were unfit to give their statement.
3. Furthermore, one injured i.e. Rohit Krishnan Mahanta (the petitioner herein) was also found present in the emergency ward undergoing treatment. The eye witness identified the accused in the Hospital and informed the IO that the petitioner herein had committed the offence of accident while driving in a rash and negligent way
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 ....
Criminal Law - Bail Application - Provision for an accused to be released on bail touches upon the liberty of an individual. It is for this reason that this Court does not ordinarily interfere with a....
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....
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.
Pushing a person causing fall and death from head injury does not prima facie constitute offence under Section 103(1) without attributable knowledge of likely death; bail granted as added sections ba....
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.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
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