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RAJ MOHAN SINGH
Balwan – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Raj Mohan Singh, J. - Petitioner seeks grant of regular bail in his 3rd attempt under Section 439 Cr.P.C in case bearing FIR No.252 dated 07.09.2018, registered under Sections 302/307/180/34 IPC and Sections 25/27 of the Arms Act 54 of 1959 at Police Station Khol Rewari District Rewari, Haryana.
2. CRM-M No.10009 of 2020 was dismissed as withdrawn vide order dated 07.10.2020 on the prayer of the petitioner.
CRM-M No.11338 of 2021 was dismissed on merits vide order dated 14.07.2021 with an observation that the trial Court shall make every endeavour to conclude the trial at the earliest.
3. The FIR was registered by Aatish son of Dalip Singh with the allegations that about 5-6 days ago prior to lodging of FIR, one person namely Ajnabi studying in RBS Engineering College, Zainabad after coming to the parking abused the complainant and Naveen. Naveen slapped him. On the fateful day, the complainant was sitting in the parking of Railway Station Dahina. Naveen came to him and informed that after the earlier occurrence, the petitioner (uncle of Ajnabi) had given threats of elimination. On this the complainant and Naveen started proceeding towards house of the petitioner on their moto
The court's decision emphasizes the importance of timely trial proceedings and considers the prolonged custody of the petitioner in granting regular bail.
Pushing a person causing fall and death from head injury does not prima facie constitute offence under Section 103(1) without attributable knowledge of likely death; bail granted as added sections ba....
The main legal point established in the judgment is the court's discretion to grant bail based on prima facie evidence and the petitioner's habitual criminal behavior.
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.
Bail denied in murder case due to prima facie aggressor role evidenced by eyewitness, CCTV, blood-stained exhibits; criminal antecedents; witness tampering risk from prior enmity; trial delay not out....
Bail granted in mob violence and police assault case amid communal tensions on grounds of trial pendency, presumption of innocence, parity with co-accused, completed investigation, clean antecedents,....
The nature and gravity of the offences are relevant considerations in determining bail entitlement, and the right of private defence is not available for punishing a wrongdoer.
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