Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
GIRISH KATHPALIA
Gaurav – Appellant
Versus
State Of Nct Of Delhi – Respondent
JUDGMENT :
1. Petitioner, who is a Proclaimed Offender, seeks anticipatory bail in case FIR No. 60/2024 of PS North Avenue for offences under Section 190/191(2)(3)/115(2)/109(1)/3(5) BNS, 2023.
2. Briefly stated, prosecution case is as follows. On 19.10.2024, at about 10:00 pm, the complainant Dheeraj along with Deepak and Vineet was sitting at a local restaurant/kiosk, where Ricky and Pawan met them. Ricky had suffered head injury and informed that on account of money dispute, he had a quarrel with Pawan and Anuj and in the process, he as well as Anuj suffered injuries. On this, Dheeraj, Deepak and Vineet took Ricky and Pawan for medical treatment to Dr. RML Hospital, where Ricky and Pawan refused to get their MLCs prepared. In the hospital, they also found Anuj and his companions Ankush, Karan, Sonu, Ramesh, R. Murgan, Gaurav and Rahul besides another boy taking their treatment. Seeing them, Dheeraj and his friends came out of the hospital and started waiting for the police at gate no.5. Thereafter at about 01:30 am, Anuj along with his above named companions came out of the hospital and Ramesh challenged Dheeraj, after which there was exchange of hot words. The boys accompanying t
Anticipatory bail denied due to the serious nature of the assault, the petitioner's status as a proclaimed offender, and the public safety concerns highlighted by the evidence.
Anticipatory bail may be granted even if proceedings under Sections 82 and 83 Cr.P.C. are active, depending on case specifics, despite the usual ineligibility of proclaimed offenders.
The main legal point established in the judgment is the need for concrete facts and reasonable apprehension for granting anticipatory bail, and the importance of protecting personal liberty under Art....
The court established that anticipatory bail should be granted based on the seriousness of accusations, the applicant's antecedents, and the potential for tampering with evidence.
The court emphasized the need to balance individual liberty with the interests of society and highlighted the importance of carefully evaluating the facts of the case before granting anticipatory bai....
The gravity of the offense, injuries sustained by the complainant, and the necessity of custodial investigation are crucial factors in determining the entitlement to anticipatory bail.
Anticipatory bail can be granted when the applicant shows no involvement in serious offences and poses no flight risk, considering the nature of the accusation and the applicant's history.
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
