Back
DELHI HIGH COURT
SURESH KUMAR KAIT
Gulfam alias VIP – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. petitioner seeks bail on innocence claim. (Para 1) |
| 2. bail sought based on parity with granted co-accused. (Para 5 , 6 , 7) |
| 3. prosecution fails to establish petitioner's involvement. (Para 8) |
| 4. court decides on bail based on co-accused's situation. (Para 9) |
| 5. conditions set for petitioner's bail. (Para 10 , 11 , 12) |
The hearing has been conducted through video conferencing.
1. Petitioner is seeking bail in FIR No. 92/2020, registered at police station Dayalpur, Delhi for the offences under Sections 147 /148/149/153A/505/436/307/120B/34 IPC and Sections 27 /30 ARMS ACT on the ground that he is innocent and has been falsely implicated in this case. He is in custody since 16.03.2020.
2. Notice issued.
3. Mr. D.K. Bhatia, learned Special Public Prosecutor for respondent/State accepts notice.
4. With the consent of both the sides, the present petition has been taken up for hearing and disposal.
5. Learned counsel for petitioner submits that by the present petition, petitioner is primarily seeking bail on parity with accused Tanvir Malik, who has already been granted bail in this FIR case by this Court on 04.02.2021 and accused Shah Alam, who has
Criminal Law - Bail Application - Petitioner deserves to be released on parity with other co-accused who are on bail in this FIR case. Petitioner shall not directly or indirectly influence any witnes....
The court grants bail due to lack of distinguishing evidence for the petitioner compared to co-accused already granted bail, emphasizing the prolonged nature of the trial.
Bail can be granted based on absence of direct evidence and parity with co-accused who have been released, emphasizing presumption of innocence.
Bail granted – Conspiracy and Murder - Accused persons have already been granted bail and Special Public Prosecutor is unable to distinguish role assigned to petitioner in this FIR case.
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 ....
Bail should be granted when pre-trial detention is extensive, and animosity between parties raises concerns of false allegations, ensuring fair process until trial completion.
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....
Courts consider political rivalry and co-accused exoneration in bail decisions.
The court emphasized that bail applications must be evaluated on their individual merits, irrespective of prior criminal history, especially when evidence is insufficient.
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
