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CHANDRA DHARI SINGH
DEEPAK ALIAS GAURAV – Appellant
Versus
STATE GOVT OF NCT DELHI – Respondent
ORDER :
1. The instant bail application has been filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (“BNSS” hereinafter) [earlier Section 439 of the Code of Criminal Procedure, 1973] seeking grant of regular bail in FIR No. 383/2021, registered at Police Station Ambedkar Nagar, Delhi, for the offences punishable under Sections 302/34 of the Indian Penal Code, 1860 (“IPC” hereinafter). The prayer of the applicant is produced as under:
(a) Grant regular bail to the petitioner in case FIR No. 383/2021 U/s. 302/34 IPC, P.S. Ambedkar Nagar till the disposal of the case.
(b) Pass any other or further order as this Hon’ble Court may deem fit and proper, in the interest of justice.”
2. The brief facts that led to the filing of the present application are as follows:
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 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.
The legal position established that the accused should not be detained by way of punishment, and the material witnesses cannot be expected to be won over by the accused.
Bail may be granted even in serious offences if the accused's fair trial rights are violated, and no compelling reason for continued incarceration exists.
The main legal point established in the judgment is the need for a judicious exercise of discretion in granting bail, considering the seriousness of the offence, the nature of the evidence, and the p....
The court's discretion in granting bail must be exercised judiciously, considering the nature of the offense, supporting evidence, and the need to prevent witness tampering.
The presumption of innocence, the right to liberty, and the need to secure the presence of the accused for trial were central legal principles established in the judgment.
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