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DELHI HIGH COURT
RAJNISH BHATNAGAR
Irfan @ Chhenu – Appellant
Versus
State, NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4) |
| 2. arguments from the petitioner’s counsel. (Para 6 , 7 , 8) |
| 3. arguments from the state’s counsel. (Para 9 , 10 , 11) |
| 4. court’s analysis of arguments. (Para 12 , 13 , 14 , 15 , 16) |
| 5. conclusion and dismissal of bail application. (Para 17) |
ORDER
(VIA VIDEO-CONFERENCING)
Rajnish Bhatnagar, J. The present bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No. 592/2017, under Sections 302 /307/120B/34 IPC & 25/27 of ARMS ACT registered at P.S. Jafrabad, Delhi.
2. Briefly stated, the facts of the present case are that on 22.10.2017 at about 9:15 PM, Md. Sajid S/o Jalil Ahmed & Sajid S/o Shadik were standing at Braham Puri Road Delhi. Then Wajid & Faiz came there on Scooty. In the meanwhile, Rashid @ Golu, Bada Imran, Mumtaz and their other three associates came there on two motorcycles and chased down Wajid & Faiz. On seeing them, Wajid & Faiz turned back their Scooty. In the meantime one of them fired at Wajid & Faiz and one bullet hit Fiaz as a result of which the Scooty got imbalanced and stopped. Faiz stood there and Wajid started running on Brahampuri Ro
The court denied bail due to the accused's serious criminal history and role in a conspiracy involving violent crime, noting the potential risk of witness intimidation.
Criminal Conspiracy and Murder - Bail dismissed - Conduct and antecedents of petitioner and his propensity to commit crime, I am not inclined to admit petitioner on bail.
The decision emphasized the importance of proving allegations during trial, the completion of investigation, and the cautionary approach in granting bail, considering the likelihood of a prolonged tr....
The testimonies of witnesses, even if not eye witnesses, can be sufficient to establish the involvement of the accused and the motive for the crime, influencing the decision on bail applications.
The requirement of establishing conspiracy and the inadvisability of detailed exploration of evidence at the bail stage.
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