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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Aman Abbas – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. details of fir and circumstances of arrest (Para 1 , 2 , 3 , 4) |
| 2. court's justification for granting bail (Para 5 , 8 , 9) |
| 3. arguments for and against bail application (Para 6 , 7) |
| 4. conclusion and order regarding bail (Para 10 , 11 , 12) |
JUDGMENT
Subramonium Prasad, J. This is an application under Section 439 of the Code of Criminal Procedure (Cr.P.C.) seeking regular bail in FIR No.87/2020 dated 25.02.2020 registered at Police Station New Usman Pur, Delhi for offences under Sections 147 , 148, 149, 188, 307, 427 of INDIAN PENAL CODE (IPC) and Sections 25 and 27 of the ARMS ACT .
2. A perusal of the FIR shows that an information was received on 25.02.2020 that persons belonging to Muslim community have gathered in the area and are indulging in rioting and a few of them are armed with weapons and are resorting to firing, throwing stones and are demonstrating. On receiving the information the Police reached the spot and injured persons were taken to the hospital for treatment. Eyewitnesses were traced and FIR No.87/2020 under Sections 147 , 148, 149, 188, 307, 427 of INDIAN PENAL CODE (IPC) and Sections 25 and 27 of the ARMS ACT was registered. The petitioner was a
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 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.
The court may grant bail based on the duration of custody and the submission of a charge sheet, despite the prosecution's claims of habitual offending.
The court emphasized rehabilitation in granting bail, recognizing the importance of education for young offenders, and balancing it against the severity of their crimes.
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 emphasized the need for a clear finding regarding the nature of unlawful common object and highlighted the principles of personal liberty in granting bail based on the length of incarcerati....
The court balanced the principles of personal liberty and the need for proper enforcement of criminal law in granting bail to the Petitioner.
The main legal point established in the judgment is the intricate balance between securing the personal liberty of an individual and ensuring that this liberty does not lead to an eventual disturbanc....
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