Back
DELHI HIGH COURT
SUBRAMONIUM PRASAD
Ajay Srivastava – Appellant
Versus
State of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. overview of the bail application and events. (Para 1 , 2) |
| 2. arguments for and against bail. (Para 3 , 4) |
| 3. court's analysis and reasoning on bail denial. (Para 5 , 6 , 7 , 8 , 9) |
| 4. final decision on the bail application. (Para 10) |
JUDGMENT
Subramonium Prasad, J. The petitioner seeks bail in FIR No.830/2015 dated 02.10.2015 registered at Police Station Farsh Bazar (East) for offences under Section 302, 34 IPC.
2. The facts in brief leading to the present FIR are as follows:
i. On 01.10.2015 information vide DD No.30 A was received wherein the caller informed that one person has been shot and two persons who were riding bike fled the spot.
ii. On receiving the phone call, the police reached the spot. They found the deceased lying unconscious and was bleeding heavily from his head. The injured was taken to Hedgewar Hospital wherein he was declared brought dead.
iii. The FIR was recorded on the statement of one Bharat Singh who had been despatched to the spot vide DD No.30 A for offence.
iv. Investigation commenced. Accused, namely, i) Azam S/o Karam Ali R/o 749/4, Rehman Building, West Rohtash Nagar, Shahdara, Delhi; ii) Ajay Srivastava S/o Jamuna Prasad R/o JB-6/6
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....
Point of Law : Bail – Death by gun shot – Death body not containing any bullet wounds - bail granted
The court ruled that granting bail in murder cases requires careful consideration of the severity of the charge, risk of absconding, and the accused's past conduct, highlighting the risks involved in....
In serious criminal offenses, bail may be denied due to the risk of tampering with evidence and potential witness intimidation, especially when substantial evidence exists against the accused.
The court must balance the gravity of charges against the rights of the accused in bail applications, particularly when co-accused have been granted bail and the accused has been in custody for an ex....
The court determined that the severity of the crime and the possibility of witness tampering outweighed the petitioner's claim for bail, reinforcing the principle of maintaining justice while conside....
The court considered the factors for deciding a bail application, including the nature and gravity of the charge, and the likelihood of the accused absconding or committing other offences if released....
A bail application may be granted when the accused has been in custody for an extended period, all witnesses have been examined, and there is no threat of evidence tampering.
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....
Judicial consideration for bail revolves around the gravity of offences, evidence reliability, and potential risks of absconding, especially in serious cases like murder.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
