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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Waseem – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. initial factual details of the case (Para 1 , 2) |
| 2. details of arrest and previous bail applications (Para 3 , 4 , 5) |
| 3. acknowledgment of counsel representation (Para 6) |
| 4. arguments presented by both parties (Para 7 , 8 , 9) |
| 5. conditions for granting interim bail (Para 10) |
| 6. court's observations and conclusion of the bail application (Para 11 , 12) |
JUDGMENT
Subramonium Prasad, J. This is a petition under Section 439 Cr.P.C. for grant of regular bail in FIR No.555/2019 dated 29.11.2019 registered at Police Station Sagarpur for offence punishable under Sections 392 , 394, 397, 341, 411 and 34 IPC and Sections 25 , 27, 54 and 59 ARMS ACT .
2. The case of the prosecution is that information was received Police Station Sagarpur on 28.11.2019, which was registered vide DD No.57A, regarding robbery at gun point. On receiving the information, the Police reached the spot. It was found that the complainant had already gone to the hospital. Police reached the hospital and recorded the statement of the complainant. In his statement, the complainant stated that on 28.11.2019, he was returning from a marriage, at about 9:50 PM. The complainant stated that when he reached Gali No
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 seriousness of the offences, the identification of the accused, and the likelihood of the accused threatening the witnesses are crucial factors in considering a bail application.
The court emphasized rehabilitation in granting bail, recognizing the importance of education for young offenders, and balancing it against the severity of their crimes.
Point of Law : Criminal Law - Bail Application - Offence of Robbery, or dacoity, with attempt to cause death or grievous hurt - Court opinion that petitioner must be encouraged to complete his 12th s....
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 seriousness of the offences, the accused's active involvement, and the likelihood of the accused repeating the offence if released are crucial factors in determining bail applications.
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.
Bail can be granted when the charge-sheet is filed, and conditions can be imposed to ensure the complainant's safety without unjustly detaining the accused.
Bail granted - Putting person in fear of accusation of offence - Just because complainant is alleging that he is getting threatening calls, it will not be appropriate to keep the accused in custody a....
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