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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Sharukh @ Tannu – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. description of the crime and events leading to fir (Para 2) |
| 2. arguments by both defense and prosecution (Para 3 , 4) |
| 3. court's analysis of evidence and considerations (Para 5 , 6 , 8) |
| 4. factors for granting bail (Para 7) |
| 5. conclusion on bail application (Para 9 , 10) |
JUDGMENT
Subramonium Prasad, J. The petitioner seeks bail in FIR No.43/2018 dated 21.02.2018 registered at Police Station Sadar Bazar for offences under Section 302/120-B/34 IPC read with Sections 25/27/54/59 Arms Act.
2. Facts, in brief, leading to the present FIR are as follows:
i. On 21.02.2018, information was received at Police Station Sadar Bazar vide DD No.12A stating that one person is lying dead and his throat has been slit. Police reached the spot i.e. Shahi Idgah Park, Motia Khan, Sadar Bazar, Delhi and found a male body there with his throat slit and injury marks on his abdomen. Deceased was identified as Shoaib @ Gandhi by the father of the deceased. FIR No.43/2018 dated 21.02.2018 was registered at Police Station Sadar Bazar for offences under Section 302 IPC.
ii. During investigation, one witness namely, Md. Tahid, disclosed that on 20.02.2018 at about 9:15 PM he saw the deceased Shoa
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Point of Law : Bail – Death by gun shot – Death body not containing any bullet wounds - bail granted
Bail applications for serious offenses can be denied to prevent witness tampering, balancing individual liberty against public safety.
The court denied bail based on the severity of the alleged offense and the presence of sufficient evidence to confirm the accused's involvement.
The court ruled that the serious nature of the charges, potential witness tampering, and public safety concerns justified the denial of bail.
The presumption of innocence, judicious exercise of discretion in granting bail, and specific factors to be considered in bail decisions.
The court denied bail due to the serious nature of the charges and the risk of evidence tampering, emphasizing the need to balance individual liberty with justice.
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