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IN THE HIGH COURT OF DELHI AT NEW DELHI
D. ARJUN @ DEVENDER ARJUN – Appellant
Versus
STATE NCT OF DELHI – Respondent
ORDER :
1. The present application is filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular bail in FIR No. 609/2023 registered under Sections 302/201/120-B/34 of the Indian Penal Code, 1860 (IPC) at Police Station (P.S.) Subhash Place.
Brief Facts
2. As per the case of the prosecution as set out in the Status Report, on 20.08.2023 a PCR call was received at the P.S. Subhash Palace (lodged as DD No. 77A), that one person has been injured by a knife by another person at PP towers, Netaji Subhash Place (NSP) and he has been taken to hospital.
2.1. It is stated that HC Manoj reached the spot of crime i.e., Café Dens Don Club, NSP. It is stated that on enquiry it was found that a lot of blood was scattered near the parking and on the stairs leading to the Club. It is stated that further blood was also found on the floor of the kitchen of the Club.
2.2. It is stated that it was found that the victim was taken to the BSA hospital by his friends, who was admitted there vide MLC No. 11092 dated 20.08.2023 and the doctor informed that the victim is not fit for statement. It is stated that later the person was declared dead by the doctor.
2.3. It is stated t
Bail should ensure the accused's attendance at trial, not serve as punitive action, highlighting the principle of presumption of innocence.
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....
In serious charges like murder, bail cannot be granted based on trial delays; the nature of the offence dictates the court's discretion over bail.
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.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
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