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DELHI HIGH COURT
SURESH KUMAR KAIT
Mohd. Danish – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. petitioner's background and initial circumstances. (Para 1 , 2 , 3) |
| 2. allegation of fabricated statements and legal standards. (Para 4 , 6 , 8 , 10) |
| 3. legal provisions regarding evidence and unlawful assembly. (Para 5 , 9 , 17 , 19) |
| 4. details of the communal riots and the role of law enforcement. (Para 12 , 13 , 24) |
| 5. medical evidence and its implications on the case. (Para 14 , 15) |
| 6. insufficient evidence leading to bail considerations. (Para 26 , 27) |
| 7. court's final decision and bail order. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34) |
JUDGMENT
The hearing of the case was conducted through video conferencing.
1. The present petition has been filed by the petitioner under Section 4 39 Cr.P.C. for grant of bail in case FIR No.60/2020, for the offences punishable under Sections 186 /353/332/323/109/144/147/148/149/153A/188/333/336/ 427/307/308/397/412/302/201/120-B/34 IPC read with Sections 3 & 4 PDPP Act and 25/27 ARMS ACT , registered at PS Dayal Pur, North East District, Delhi.
2. It is stated in the present petition that the petitioner is a Cab Driver by Profession and he is currently working with HCL Gurgaon on contractual basis. Petitioner used to be on night
The court held that bail should not be denied without substantiated evidence, and that incarceration without purpose constitutes unjust punishment before trial.
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 main legal point established in the judgment is the requirement of evidence to support allegations and the consideration of the time required for trial in granting bail.
Bail is the rule and jail is the exception, and Courts must exercise their jurisdiction to uphold the tenets of personal liberty, subject to rightful regulation of the same by validly enacted legisla....
Bail is the rule and jail is the exception, and Courts must exercise their jurisdiction to uphold the tenets of personal liberty, subject to rightful regulation of the same by validly enacted legisla....
Point of Law : Grant of Bail - Petitioner cannot be made to languish behind bars for a longer period of time, and that veracity of allegations levelled against him can be tested during trial.
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.
The judgment emphasized the importance of balancing personal liberty and public security, considering the nature of the unlawful assembly, and the gravity of the accusations in deciding on bail.
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....
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