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CHANDRA DHARI SINGH
ASHISH KOCHAR – Appellant
Versus
STATE – Respondent
ORDER :
1. By way of the present application filed under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”) (now Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023) read with Section 428 of the Cr.P.C. (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the petitioner/applicant seeks regular bail in FIR No. 181/2018 registered for offences punishable under Sections 302/307/34 of the Indian Penal Code, 1860 (hereinafter “IPC”) and Sections 27/54/59 of the Arms Act, 1959, at Police Station Mehrauli, Delhi.
2. The brief facts that led to the filing of the present application are as follows:
(b) In the said FIR, it was stated that the petitioner and one Mr. Sandeep Gupta had ongoing conflicts with him and Mr. Jaidev, w
The court denied bail due to the serious nature of the charges and the risk of evidence tampering, emphasizing the need to balance individual liberty with justice.
Confessional statements of co-accused to police inadmissible under CrPC Section 162 and Evidence Act Section 25; insufficient alone to deny bail without other incriminating material, per bail princip....
Bail denied in murder case as driving co-accused to scene and fleeing infers common intention under Section 34 IPC despite no overt act, given offence gravity and punishment severity.
The court emphasized that bail should not be granted if there is a strong likelihood of witness tampering and the accused is charged with a serious offence.
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....
(1) While considering an application for grant of bail a prima facie conclusion must be supported by reasons and must be arrived at after having regard to vital facts of case brought on record – Due ....
The decision emphasized the importance of considering the nature of the offence, severity of the punishment, and the likelihood of the accused interfering with the process of justice when deciding on....
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
In serious charges like murder, bail cannot be granted based on trial delays; the nature of the offence dictates the court's discretion over bail.
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