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DELHI HIGH COURT
SURESH KUMAR KAIT
Kishan – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. bail petition and fir details (Para 1 , 2) |
| 2. allegations and counterclaims (Para 5 , 6) |
| 3. assessment of bail considerations (Para 8 , 9 , 10) |
| 4. bail granted conditions (Para 11) |
| 5. order conclusion (Para 12 , 13 , 14) |
The hearing has been conducted through video conferencing.
1. The present petition has been preferred by petitioner seeking bail in FIR No. 517/2020, under Sections 307 /147/148/34 IPC, registered at police station Adarsh Nagar, Delhi.
2. The FIR in question has been registered at the instance of complainant Puneet @ Sameer who has alleged that on 06.07.2020, at around 05:30 PM he and his friend were attacked by 5-6 boys who hit them with sword/knife/danda and petitioner was named one of those accused. On the aforesaid complaint, the FIR in question was registered against petitioner and other accused persons.
3. Notice issued.
4. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for State, accepts notice.
5. Learned counsel for petitioner submits that complainant is the Bad Character (BC) of the area and has enmity with petitioner and especially his brother, since they believed that they are witness to one of their cri
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 considered the petitioner's claim of self-defense, the animosity between the parties, and the delay in trial proceedings as grounds for granting bail.
Bail can be granted based on absence of direct evidence and parity with co-accused who have been released, emphasizing presumption of innocence.
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 ....
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 where prosecution fails to establish a prima facie case against the accused, particularly in light of similar circumstances of co-accused already released on bail.
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.
The changed stand of a key witness, lack of progress in prosecution evidence, and prolonged custody can be considered in granting regular bail.
The central legal point established in the judgment is that the grant of regular bail should be considered in light of the time it would take for the trial to conclude and the circumstances of the co....
The seriousness of the offence and lack of change in circumstances are crucial factors in determining bail eligibility.
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