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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Shubham – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. factual basis of the bail application (Para 1 , 2 , 3 , 4) |
| 2. arguments for petitioner’s bail application (Para 6 , 7 , 8 , 9) |
| 3. arguments against the bail application by the state (Para 10 , 11 , 12 , 13) |
| 4. observations on the witness examination timeline (Para 14 , 15) |
| 5. details from the chargesheet and evidence presented (Para 16 , 17 , 18) |
| 6. court’s reasoning on bail and public safety (Para 19 , 20) |
| 7. conclusion and dismissal of bail application (Para 21 , 22) |
JUDGMENT
Subramonium Prasad, J. BAIL APPLN. 1459/2021 has been filed for grant of regular bail in FIR No. 159/2020 dated 21.03.2020 registered at Police Station Dayalpur for offences under Section 147, 148, 149, 302, 120B, 34 IPC.
2. The FIR herein states that information had been received that FIR No.77/2020 dated 26.02.2020 was registered at Police Station Dayalpur for offences under Section 147, 148, 149, 302, 34 IPC as per which the bodies of four persons, namely, Zakir, Mehtaab, Ashfaaq Husain, Jameel were recovered during the riots which had taken place in North East Delhi in February 2020.
3. It is stated that during investigation, the bodies of the four deceased were identified and it appears
Bail applications for serious offenses can be denied to prevent witness tampering, balancing individual liberty against public safety.
The court ruled that the serious nature of the charges, potential witness tampering, and public safety concerns justified the denial of bail.
Point of Law : Grant of Bail - Petitioner cannot be made to languish behind bars for a longer period of time, and that veracity of allegations levelled against him can be tested during trial.
The court emphasized the need to balance personal liberty with the enforcement of criminal law and the duty to ensure that the law does not become a tool for targeted harassment.
The main legal point established in the judgment is that bail is the rule and jail is the exception, and Courts must exercise their jurisdiction to uphold the tenets of personal liberty, subject to r....
The court balanced the principles of personal liberty and the need for proper enforcement of criminal law in granting bail to the Petitioner.
Point of Law : Unlawful assembly - Bail granted - When there is a general allegation against a large number of persons Court naturally hesitates to convict all of them on such vague evidence. Therefo....
Bail is the rule and jail is the exception, and Courts must exercise their jurisdiction to uphold the tenets of personal liberty, subject to rightful regulation of the same by validly enacted legisla....
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