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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Siddhant Kumar – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. bail application regarding alleged suicide. (Para 1 , 2 , 3) |
| 2. details of harassment and circumstances of deceased's death. (Para 4 , 5 , 6 , 7) |
| 3. status of charge sheet and co-accused. (Para 8) |
| 4. parameters for granting bail. (Para 9 , 10) |
| 5. conditions for grant of bail. (Para 11) |
| 6. order granting bail. (Para 12) |
JUDGMENT
Subramonium Prasad, J. This is an application under Section 439 CrPC for grant of bail in FIR No.316/2020 dated 18.08.2020 registered at Police Station Fatehpur Beri for offences under Section 304B and 498A IPC.
2. Material on record reveals that on 13.08.2020, a telephone call was received by ASI Rajkumar that the sister of the informant had committed suicide by hanging herself with a scarf. The information was received vide GD No.59A and the Police reached the spot.
3. The petitioner herein is the husband of the deceased/Mala. It is stated that the deceased was residing at H.No.First Floor, Harijan Basti, Aya Nagar, New Delhi for the past four months and has committed suicide by hanging herself with the scarf. The body of the deceased/Mala was taken to AIIMS Hospital and vide MLC No.5869/2020, she was declared brought dead.
4. The statem
The court held that bail should be granted when the accused has societal ties and demonstrates no risk of absconding or tampering with evidence.
Anticipatory bail can be granted when there is insufficient evidence against the petitioner, particularly when allegations appear primarily directed at another individual.
The main legal point established is that the grant of anticipatory bail is based on the lack of evidence and necessity for custodial interrogation, considering the specific circumstances of the case.
Grant of anticipatory bail based on lack of direct connection to the crime, collection of exhibits sent for analysis, and absence of necessity for custodial interrogation.
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 may grant bail based on the statements of witnesses and the likelihood of the trial taking time for its conclusion, without commenting on the merits of the case.
Judicial consideration for bail revolves around the gravity of offences, evidence reliability, and potential risks of absconding, especially in serious cases like murder.
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