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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Zahid @ Mohd. Jahid – Appellant
Versus
State of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. summary of case facts leading to bail application. (Para 1 , 2) |
| 2. court observations on evidence and implications. (Para 3 , 6 , 7) |
| 3. arguments regarding false implication and prior cases. (Para 4 , 5) |
| 4. final ruling on bail application. (Para 8 , 9) |
JUDGMENT
Subramonium Prasad, J. This petition under Section 439 Cr.P.C read with Section 482 Cr.P.C. has been filed for grant of regular bail in FIR No. 215/2019, dated 05.08.2019 registered at Police Station Gandhi Nagar, Delhi, for offences punishable under sections 324, 307, 452 and 324 IPC.
2. Brief facts of the present case are as under:
a. On 05.08.2019, A PCR call was received at Police Station Gandhi Nagar, which was recorded vide DD No.02-A at 03:50 AM. It reads as under:
"H.No. 9/4481, Gali No.06, Ajeet Nagar caller bol raha hai ki mere bhai ko chaku mar diya"
b. The IO contacted the complainant who identified himself as one Sadiq Hussain. The IO went to the given address. The complainant told the IO that he is taking his brother Jakir and nephew Tahir to GTB Hospital.
c. On investigation it was revealed that Jakir and Tahir were stabbed. A knife was recovered and was taken into custody.
d. MLC of Tahir Hu
The court denied bail based on the severity of the alleged offense and the presence of sufficient evidence to confirm the accused's involvement.
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.
In serious criminal offenses, bail may be denied due to the risk of tampering with evidence and potential witness intimidation, especially when substantial evidence exists against the accused.
Bail applications for serious offenses can be denied to prevent witness tampering, balancing individual liberty against public safety.
The court granted bail under Section 439 Cr.P.C. due to the petitioner's lengthy custody, lack of prior naming in the FIR, and completion of investigation, while ensuring witness safety.
The main legal point established in the judgment is that the nature and gravity of the offence, along with the potential for influencing witnesses and tampering with evidence, are crucial factors in ....
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.
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....
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....
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