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IN THE HIGH COURT OF DELHI AT NEW DELHI
GIRISH KATHPALIA
Tauseif Khan – Appellant
Versus
State (N.C.T. OF DELHI) – Respondent
JUDGMENT :
GIRISH KATHPALIA, J.
1. The accused/applicant seeks regular bail in case FIR No. 304/2020 of PS Vivek Vihar for offence under Section 302 /201/120B/34 IPC .
2. Broadly speaking, prosecution case is that in presence of the first informant Poonam, a third gender, another third gender Reshma was killed by way of multiple stabbing by the accused/applicant and his father and brother-in-law. In the FIR, Poonam specifically named all three assailants. Father of the accused/applicant was apprehended on the spot while the accused/applicant and his brother-in-law fled. Knives used by all three assailants were recovered.
3. Against the above backdrop, learned counsel for the accused/applicant submits that the accused/applicant is innocent and has been falsely implicated. It is submitted by learned counsel for accused/applicant that if carefully examined, arrest of the accused/applicant would not inspire confidence. Further, learned counsel for accused/applicant contends that in the testimonies of the witnesses so far examined during trial, there are multiple contradictions and inconsistencies.
4. Learned APP for State assisted by Investigating Officer/Inspector Rajinder Singh accepts n
In bail applications, courts prioritize the strength of eyewitness testimony and imminent trial completion over claims of wrongful implication, restricting detailed evidentiary assessment at this sta....
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 court granted bail due to conflicting witness statements and non-fatal injuries, emphasizing the presumption of innocence and the need for a fair trial.
The main legal point established in the judgment is that at the time of considering the grant of bail, there should be no meticulous examination of the statements of the witnesses as it may influence....
The court ruled that minor contradictions in witness testimony do not warrant bail, especially in serious offences like murder, where multiple eyewitnesses corroborate the prosecution's case.
Grant of Bail - Trial is in progress and if such findings are allowed to stand it would seriously prejudice the prosecution case. At the stage of granting of bail, the court can only go into the ques....
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