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DELHI HIGH COURT
SURESH KUMAR KAIT
Imran – Appellant
Versus
NCT Delhi State – Respondent
The hearing has been conducted through video conferencing.
1. The present petition has been preferred by the petitioner seeking bail in FIR No. 119/2020, under Sections 147/148/149/302/153A/505/120B/34 IPC, registered at police station Khajuri Khas, New Delhi. Petitioner is behind bars since 20.03.2020 in this FIR case.
2. Notice issued.
3. Mr. Rajat Nair, learned Special Public Prosecutor for respondent No.1/State accepts notice.
4. Learned counsel for petitioner submits that petitioner has been falsely implicated in this case and there is no electronic evidence like CCTV footage or mobile location record to establish his presence at the crime spot. The investigation in this case is complete and charge sheet has already been filed. Learned counsel also submits that the petitioner has been arrested in this case on the basis of statement of two official eye witnesses i.e. Constable Anil and Constable Bhupinder, who are planted witnesses and have named 12 accused persons, including that of petitioner. It is next submitted that out of 12 accused persons, 07 accused persons (Rizwan, Israr, Tayyab, Maruaf, Shamim @Lala, Adil, Ashok) have been granted bail by the
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 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.
Bail can be granted based on absence of direct evidence and parity with co-accused who have been released, emphasizing presumption of innocence.
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.
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.
Bail applications require a balance of crime severity, punishment nature, and prima facie involvement; refusal is justified when allegations are grave.
Bail can be granted when witnesses turn hostile and cannot identify the accused, especially when the trial is expected to be lengthy.
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....
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