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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Azad Singh @ Mamu – Appellant
Versus
State (N.C.T of Delhi) – Respondent
| Table of Content |
|---|
| 1. factual background leading to bail application. (Para 1 , 2) |
| 2. details of prior bail applications and procedural history. (Para 3 , 4) |
| 3. arguments against granting anticipatory bail based on the petitioner's record. (Para 5) |
| 4. court observations on the severity of injuries and petitioner's behavior. (Para 6 , 7) |
| 5. legal principles guiding anticipatory bail decisions. (Para 8 , 9) |
| 6. court's reasoning against granting anticipatory bail. (Para 10 , 11) |
| 7. final ruling on the bail application. (Para 12) |
JUDGMENT
Subramonium Prasad, J. This petition under Section 438 Cr.P.C is for grant of bail to the petitioner in the event of arrest in FIR No.541/2020 dated 09.09.2020, registered at Police Station Paschim Vihar East for offences under Sections 308 /324/392/506 IPC.
2. Facts, in brief, leading to the present petition are as under:
a) An information was received on 08.09.2020 that "D-9 Peeragarhi Apsra Banquet Hall, Caller ke pati ko Mamu Naam Ke Badmash Ne Chaku Mar Diya". The said information was entered vide DD No.05-A. The police reached the spot and found that the injured has been shifted to Sanjay Gandhi Memorial Hospital, Mangolpuri. Police reached the Hospital
Point of law: Anticipatory bail – Rejection of - Petitioner is a Bad Character of the area having a number of cases registered.
The main legal point established is the careful consideration of the nature of accusations, antecedents of the accused, and the possibility of tampering with witnesses in granting anticipatory bail.
The main legal point established in the judgment is the need for a balance between the prevention of harassment and the fair investigation, as well as the duty of the court to protect the personal li....
The seriousness of the offence, the likelihood of absconding, and the petitioner's antecedents are crucial factors in determining eligibility for anticipatory bail.
Anticipatory bail may be granted even if proceedings under Sections 82 and 83 Cr.P.C. are active, depending on case specifics, despite the usual ineligibility of proclaimed offenders.
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