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DELHI HIGH COURT
SURESH KUMAR KAIT
Mohd. Bilal – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
1. The present petition has been preferred by the petitioner seeking bail in FIR No.138/2020, under Sections 147 /148/149/435/186/353/188//302/201/120B IPC and Section 27 of ARMS ACT , 1959, registered at police station Welcome, Delhi.
2. The FIR in question pertains to the incident of riots in North-East Delhi on 25.02.2020 in which one person, namely, Mohd. Mudhasir, aged around 30 years, had lost his life. Upon a telephonic information received from GTB Hospital, Delhi that a person in injured and unconscious state has been brought to the hospital by his wife and was declared brought dead. Accordingly, pursuant to DD No. 53 A, the investigating team came into motion and reached the hospital and collected the MLC by the Investigating Officer. In the MLC it was mentioned that the patient was brought dead in main casualty in unconscious and unresponsive state with A/H/O lying unconscious due to a bullet shot. During investigation, post mortem of the deceased was conducted at GTB Hospital on 27.02.2020 and seizure memo of exhibits was prepared. In the post mortem report the doctor opined the cause of death as "shock as a result of ante mortem injury to head produced by pr
The court held that serious charges coupled with substantial evidence against the accused justified the denial of bail, emphasizing the potential risk to an ongoing investigation.
Criminal Law - Offence of Rioting and Murder - Bail Application - Most important how petitioner will establish his innocence despite having been caught on camera damaging and destroying CCTV cameras ....
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 ....
Rioting - Grant of Bail - Ground of mental illness or fitness matter of trial - charge sheet already been filed and trial shall take substantial time - Petitioner cannot be made to languish behind ba....
The court held that the identification of the petitioner as part of the mob was questionable, and considering the lengthy pre-trial detention and mental health condition, bail was granted.
Bail can be granted based on absence of direct evidence and parity with co-accused who have been released, emphasizing presumption of innocence.
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....
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 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....
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