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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Rohit Sharma – Appellant
Versus
State NCT of Delhi – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The court emphasized that bail is generally the rule, and incarceration is an exception, relying on judicial discretion considering the nature of the accusations and the completeness of evidence (!) (!) .

  2. The case involves the petitioner, charged under Sections 186, 353, and 307 of the IPC, with allegations arising from a hit-and-run incident where the petitioner, driving under influence, hit a police officer and fled the scene (!) (!) .

  3. The investigation is nearly complete, with most witnesses, primarily police personnel, having given their statements, and a charge sheet is expected to be filed soon (!) (!) .

  4. The court considered several factors for granting bail, including the gravity of the offence, the likelihood of influence over witnesses, the character and standing of the accused, and the stage of the investigation (!) (!) .

  5. The petitioner is an educated individual with established roots in society, and since most witnesses are police officers unlikely to be influenced, the court found that continued detention may not serve a useful purpose (!) .

  6. The court set specific bail conditions, including furnishing personal bonds, restrictions on leaving the NCT of Delhi without permission, regular reporting to the police station, providing mobile numbers, residence continuity, and prohibitions against tampering with evidence or influencing witnesses (!) (!) (!) (!) (!) (!) .

  7. It was clarified that the observations made in the bail order are only for the purpose of bail and should not influence the trial proceedings (!) .

  8. The bail application was disposed of with the conditions mentioned, considering the stage of investigation and the principles of bail jurisprudence (!) (!) .

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JUDGMENT

Subramonium Prasad, J. This petition under Section 439 Cr.P.C is for grant of bail to the petitioner in FIR No.325/2021 dated 22.06.2021, registered at Police Station Hari Nagar for offences under Sections 186 /353/307 IPC.

2. The instant FIR was registered on the statement of Head Constable Vinod, No.3443/T, who stated that on 22.06.2021, he along with ASI Vishram Singh and Constable Anup were on routine checking at RGC-10 traffic circle, Harinagar Ghanta Ghar, Junk Market, on the road from Mayapuri to Harinagar Ghanta Ghar. It is stated that ASI Vishram Singh and Constable Anup were stopping the vehicles and the complainant, who was standing about 10-15 yards away from them, was giving signal to the suspected vehicles to stop. It is stated that at around 4:30 PM, one white colored car, having tinted glasses, driven by the petitioner herein, came towards them from red light of Junk Market, Mayapuri. It is stated that ASI Vishram & Constable Anup signalled the driver to stop the vehicle. It is stated that the driver initially slowed down the car but suddenly sped away, as a result, the car hit ASI Vishram and he fell on the side of the road. It is stated that Constable A

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