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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Ajay @ Nathu @ Sunny – Appellant
Versus
State of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. overview of the case and facts (Para 1 , 2) |
| 2. court's considerations for bail decision (Para 3 , 8 , 9 , 10) |
| 3. arguments for and against bail application (Para 4 , 5 , 6) |
| 4. legal standards for granting bail (Para 7) |
| 5. final order and conclusion (Para 11 , 12) |
JUDGMENT
Subramonium Prasad, J.
1. This application under Section 439 Cr.P.C has been filed for grant of bail to the petitioner in FIR No. 48/2015 dated 31.01.2015, registered at Police Station Nabi Karim for offences under Sections 186/353/333/307/201/75/34 IPC.
2. The facts, in brief, leading to the filing of the instant petition are as follows:
i. It was during the investigation of Case No.63/2015, Constable Ravi Kant, Constable Balram and Constable Jitender reached at Singhara Chowk, Sadar Bazar. After reaching the spot, the Constable Ravi Kant apprehended a person-Ajay @ Nathu@ Sunny (petitioner herein) as he had the reputation of a repeated offender. On apprehension, the petitioner-Ajay @ Nathu@ Sunny tried to flee from the spot by wielding a knife. A chase to nab Ajay @ Nathu@ Sunny followed which was being led by SI Nisar Ahmed. It is stated that Ajay @ Nathu@ Sunny ran from the police and alerted
The court affirmed that bail is the rule while incarceration is the exception, emphasizing judicial discretion based on the nature of accusations and evidence completeness.
The court denied bail based on the seriousness of the murder charge, evidence from eyewitnesses, and the petitioner's history of serious offenses necessitating careful consideration of potential witn....
a man is innocent until he is found guilty and bail is rule while jail is an exception.
The court may grant bail based on the duration of custody and the submission of a charge sheet, despite the prosecution's claims of habitual offending.
Point of Law : Bail – Death by gun shot – Death body not containing any bullet wounds - bail granted
The court emphasized rehabilitation in granting bail, recognizing the importance of education for young offenders, and balancing it against the severity of their crimes.
A court may grant bail under Section 439 of Cr.P.C. considering factors like duration of custody, similarity of cases, and risk of trial delays.
The court denied bail based on the severity of the alleged offense and the presence of sufficient evidence to confirm the accused's involvement.
Point of Law : Criminal Law - Offence of Murder - Bail Application - petitioner has spent nearly eight years in the prison, all the prosecution witnesses have been examined - Court is inclined to gra....
The delay in trial commencement and the similarity of the petitioner's case to a co-accused who was granted bail were key factors in granting bail.
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