Back
DELHI HIGH COURT
SURESH KUMAR KAIT
Rashid @ Monu – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. background of the case and fir details. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding evidence and reliability. (Para 5 , 6 , 8 , 9 , 11) |
| 3. court's analysis of evidence and applicant's concerns. (Para 10 , 12 , 13 , 14 , 15 , 16 , 18) |
| 4. granting bail based on analysis. (Para 19) |
| 5. conclusion and order of the court. (Para 20 , 21 , 22 , 23 , 24) |
JUDGMENT
The hearing of the case was conducted through video conferencing.
1. The present petition has been filed by the petitioner under Section 439 Cr.P.C. for grant of bail in case FIR No.39/2020, for the offences punishable under Sections 147 /148/149/302/201/436/427/120-B/34 IPC, registered at PS Gokul Puri, Delhi.
2. Case of the prosecution is that on 26.02.2020 at 01.04 PM, a PCR call vide DD No.17A regarding stone pelting near Kabir Builder, Gall No. 11, Bhagirathi Vihar, Delhi was received at PS GokulPuri. On spot, it was found that mob had burnt a building of Anil Sweet situated at A-29, Chaman Park, Main Brijpuri Road, Delhi. The building was in burnt condition and on the 2nd floor, one body without hands and legs was found lying in burnt condition. The deceased was identified as Dilbar Singh Negi S/o Gopal Singh
The court emphasized that bail should be granted when evidence is insufficient or witnesses' reliability is questionable, especially in serious cases involving substantial allegations.
The main legal point established is that bail can be granted based on the lack of substantial evidence and the unreliability of key witnesses, even in cases involving serious charges.
Grant of Bail - Offence of Rioting and Murder - There is no direct evidence like CCTV footage etc. coupled with fact that co-accused of petitioner have been granted bail in this FIR case, court view ....
The court determined that the completion of investigation in a riot-related case allows for reconsideration of bail, even after previous denials, emphasizing the need for substantial evidence against....
Bail can be granted based on absence of direct evidence and parity with co-accused who have been released, emphasizing presumption of innocence.
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.
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....
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 Court held that the petitioner was entitled to bail in each of the 5 FIRs. The Court considered factors such as the bailable nature of the offenses, the period of incarceration exceeding the maxi....
Unlawful assembly - Grant of bail - No independent eye-witness identification of applicant.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
