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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Ekant Bansal – Appellant
Versus
State GNCT of Delhi – Respondent
| Table of Content |
|---|
| 1. application for bail under cr.p.c. (Para 1 , 3) |
| 2. accusation of murder and bail implications. (Para 4 , 5) |
| 3. considerations for bail applications. (Para 6 , 7) |
| 4. court's decision on bail application. (Para 8) |
JUDGMENT
Subramonium Prasad, J. This is an application under Section 439 of the Code of Criminal Procedure, 1973 (Hereinafter referred to as `the Cr.P.C.') seeking regular bail in FIR No.580/2014 dated 13.11.2014, registered in Police Station Paharganj for offences under Section 302 IPC.
2. Heard Ms. Manika Pandey Tripathy, learned counsel appearing for the petitioner and Ms. Kusum Dhalla, learned APP appearing for the State on 12.01.2021 and the order was reserved.
3. Ms. Manika Pandey Tripathy, learned counsel appearing for the petitioner contends that the petitioner was arrested by the police on 15.01.2015, and is in custody for about six years. She states that the co-accused has been granted bail by the trial court. It is further stated that there are material contradictions in the statements of the prosecution witnesses and in all likelihood the trial would result in the acquittal of the petitioner. On the other hand, Ms. Kusum Dhalla, learned APP
The court ruled that granting bail in murder cases requires careful consideration of the severity of the charge, risk of absconding, and the accused's past conduct, highlighting the risks involved in....
The court considered the factors for deciding a bail application, including the nature and gravity of the charge, and the likelihood of the accused absconding or committing other offences if released....
The court denied bail based on the seriousness of the murder charge, evidence from eyewitnesses, and the petitioner's history of serious offenses necessitating careful consideration of potential witn....
Point of Law : Criminal Law - Offence of Murder - Bail Application - petitioner has spent nearly eight years in the prison, all the prosecution witnesses have been examined - Court is inclined to gra....
A bail application may be granted when the accused has been in custody for an extended period, all witnesses have been examined, and there is no threat of evidence tampering.
A court may grant bail under Section 439 of Cr.P.C. considering factors like duration of custody, similarity of cases, and risk of trial delays.
The court considered the prolonged incarceration and the unlikelihood of the trial being completed in the near future as grounds for granting bail.
The court affirmed that bail is the rule while incarceration is the exception, emphasizing judicial discretion based on the nature of accusations and evidence completeness.
The delay in trial commencement and the similarity of the petitioner's case to a co-accused who was granted bail were key factors in granting bail.
Bail can be granted under Section 439 Cr.P.C. when there is a lack of evidence for the charges and when the duration of judicial custody is deemed excessive.
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