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DELHI HIGH COURT
CHANDRA DHARI SINGH
Akshay @ Golu – Appellant
Versus
State NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. details of the incident leading to the fir. (Para 2 , 3 , 4) |
| 2. arguments from the applicant's counsel. (Para 5 , 6 , 7) |
| 3. prosecution's opposition to bail. (Para 8 , 9 , 10) |
| 4. evidence against the applicant's involvement. (Para 12 , 13 , 14 , 15 , 16) |
| 5. legal standards for bail consideration. (Para 17 , 18 , 19) |
| 6. final ruling on the bail application. (Para 20 , 21 , 22 , 23 , 24) |
JUDGMENT
Chandra Dhari Singh, J. The instant application has been filed under Section 439 of the Code of the Criminal Procedure, 1973 (hereinafter "Cr.P.C.") on behalf of the applicant seeking regular bail in FIR No. 07/2021 under Section 302/147/148/149/34 of the Indian Penal Code, 1860 (hereinafter "IPC") registered at PS Khyala, New Delhi.
2. Brief facts of the matter are that the complainant, Jitender Kumar Mehta, is the brother of the deceased, Satender @ Bhola, and he lodged the instant FIR against the instant applicant and his associates who have been accused of killing the deceased.
3. On the day of the incident the complainant was returning from his Cafi when he received a phone call, at about 1:30 am, from one Nitin @ Lussy, a friend of the deceased, who informed him that t
The court denied bail based on the gravity of the charges and substantial corroborating evidence of the applicant's active involvement in the murder.
Point of Law : Rejection of Bail - Several of co-accused are still absconding - There is a likelihood of applicant also jumping bail and flee from justice since many of his associates are yet to be a....
The court emphasized that bail should not be granted if there is a strong likelihood of witness tampering and the accused is charged with a serious offence.
The reliability of dying declaration, admissibility of joint recovery, and the severity of the offence are crucial factors in deciding bail applications in serious criminal cases.
The main legal point established in the judgment is the need for a judicious exercise of discretion in granting bail, considering the seriousness of the offence, the nature of the evidence, and the p....
The court emphasized the need for a judicious exercise of discretion in granting bail, considering the nature of accusations, the evidence, and the larger interests of the public or State.
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.
The main legal point established in the judgment is the importance of evidence, the nature of the accusations, and the severity of the punishment in considering the grant of bail, as well as the prin....
The grant or refusal to grant bail lies within the discretion of the Court and is regulated by the facts and circumstances of each particular case.
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