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IN THE HIGH COURT OF DELHI
Subramonium Prasad, J.
Ajay @ Monu - Appellant
Versus
State of NCT of Delhi - Respondent
Bail Appln. 2608 of 2021, Bail Appln. 2660 of 2021 and Bail Appln. 3635 of 2021
Decided On : 10-12-2021
| Table of Content |
|---|
| 1. details of firs and incidents leading to bail applications (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments and evidence surrounding eyewitness reliability (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 3. state's evidence against the petitioner during riots (Para 16 , 17 , 18 , 19) |
| 4. discussion on forensic opinions and cctv evidence (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 5. balancing personal liberty and public order in bail decision (Para 26 , 27) |
| 6. final order dismissing bail applications (Para 28) |
JUDGMENT
Subramonium Prasad, J.
1. BAIL APPLN. 2608/2021 has been filed for grant of regular bail in FIR No. 158/2020 dated 21.03.2020 registered at Police Station Dayalpurfor offences under Section 147 , 148, 149, 302, 120B, 34 IPC.
2. BAIL APPLN. 2660/2021 has been filed for grant of regular bail in FIR No. 163/2020 dated 22.03.2020 registered at Police Station Dayalpurfor offences under Section 147 , 148, 149, 302, 120B, 34 IPC.
3. BAIL APPLN. 3635/2021has 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.
4. The FIRs herein state 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.
5. It is stated that during investigation, the bodies of the four deceased were identified and it appears that the time and place of their deaths were different. Accordingly, four different cases were registered. FIR No.158/2020 dated 21.03.2020 was registered with respect to the death of Zakir.
6. It is stated that during investigation, the brother of Zakir had told him to meet in the afternoon around 3:30 PM on the day of the alleged incident. It is stated that around 3:30 PM, the brother of the deceased left for a nearby masjid for namaz. It is stated that around 6:30 PM in the evening, he was informed that his brother has been admitted to MeherNursing Home by some unknown people and that he was in an injured condition. It is stated that the brother of the deceasedreached the hospital and was asked to take the deceased to another centre, but no vehicles were available. The deceased was then taken to GTB hospital where he was declared brought dead.
7. FIR No.159/2020 was registered on 21.03.2020 with respect to the death of Ashfaaq Hussain. It is stated that the brother of the deceased had been informed by one Zulfikar Siddiqui that his brother had been taken to a hospital near Shiv ViharTiraha. It is stated that the brother of the deceased was not aware of the people who brought the deceased to the hospital. It is stated that the brother of the deceased was informed that his brother had been admitted. It is stated that on 26 02.2020, deceased was taken to GTB Hospital vide MLC No. D-01 with alleged H/o being injured in the evening of 25.02.2020 and he was declared dead there.
8. FIR No.163/2020 dated 22.03.2020 was registered at Police Station Dayalpur for offences under Section 147 , 148, 149, 302, 34, 120B IPC with respect to the death of Mehtaab. It is stated that during investigation, the brother of the deceased informed the officials that he at around 2 P.M. on the day of the alleged incident, the deceased had ventured out to get milk. Around 6 P.M., the brother of the deceased was informed that the deceased had been admitted to Meher Nursing Home by some unknown individuals. On reaching the nursing home, the brother of the deceased was instructed to take the deceased to another hospital, however, he was unable to do the same as no ambulances were available. The deceased was later taken to GTB Hospital where he was declared brought dead.
9. Chargesheets have been filed in the aforementioned FIRs for offences under Section 144,147, 148, 149, 188, 302, 120
The court ruled that the serious nature of the charges, potential witness tampering, and public safety concerns justified the denial of bail.
Bail applications for serious offenses can be denied to prevent witness tampering, balancing individual liberty against public safety.
The court established that in the absence of credible evidence linking the accused to the crime scene, bail should be granted, especially when trial proceedings are expected to be lengthy.
The main legal point established in the judgment is the consideration of evidence, pending charges, and the expected trial duration in the decision to grant bail.
Theory of close-range shot is just a conjecture of the investigating agency and is not based on scientific fact.Simply because copper like pieces were found near the exit wound of the body, as per th....
Bail can be granted when witness testimonies contradict, and substantial evidence linking the accused to the crime is lacking, balancing defendant rights with the necessity for trial.
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 held that the petitioner was entitled to bail in each of the 5 FIRs. The Court considered factors such as the bailable nature of the offenses, the period of incarceration exceeding the maxi....
The main legal point established in the judgment is the intricate balance between securing the personal liberty of an individual and ensuring that this liberty does not lead to an eventual disturbanc....
Grant of Bail - circumstances which are peculiar to the accused should also be a factor that must be taken into consideration while granting or refusing bail.
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