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IN THE HIGH COURT OF DELHI AT NEW DELHI
DEEPAK TIWARI – Appellant
Versus
THE STATE NCT OF DELHI – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments regarding bail application. (Para 9 , 10 , 11) |
| 3. court's consideration for granting bail. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. conclusion and conditions for bail. (Para 23 , 24 , 26) |
JUDGMENT :
AMIT MAHAJAN, J.
1. The present application is filed seeking regular bail in FIR No. 08/2019 dated 07.01.2019, registered at Police Station Ranhola for offences under Sections 302/34 of the Indian Penal Code (IPC) and under Sections 25/27 of the Arms Act, 1959.
2. Briefly stated, on 06.01.2019, the police received information regarding an incident where two persons, later identified as Deepak and Neeraj, were found injured and bleeding on Baprola Main Road, near a local school. They were immediately transported to a hospital, where they were declared brought dead. It is alleged that both had sustained gunshot injuries. Consequently, the present FIR was registered.
3. During the investigation, the scene of the alleged crime was examined, whereby, bloodstains, two damaged bullet shells, and stones scattered near the location of the bodies were found. The post-mortem reports indica
Prolonged incarceration without trial can violate the fundamental right to life and personal liberty under Article 21 of the Constitution, necessitating the grant of bail under appropriate conditions....
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 court considered the delay in trial, lack of involvement in other criminal cases, and the likelihood of a prolonged trial due to a pending cross case as grounds for granting regular bail.
The court emphasized the need to consider the peculiar facts and circumstances of the case, the severity of the accusation, and the criminal antecedents of the accused in granting bail.
The prolonged detention of the petitioner without trial violates the right to a speedy trial, warranting the grant of bail.
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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