HARSH BUNGER
Sharafat Ali – Appellant
Versus
State of Haryana – Respondent
Judgment
Mr. Harsh Bunger, J. :-
CRM-18607-2023
The present application is filed for placing on record Annexure A-1 to Annexure A-3. For the reasons mentioned in the application, the same is allowed and Annexures A-1 to A-3 are taken on record, subject to all just exceptions.
CRM-M-13241-2023
Petitioner (Sharafat Ali) has filed the instant petition under Section 439 of the Code of Criminal Procedure seeking grant of regular bail in case FIR No.08 dated 09.01.2021 registered under Section 34 6 of the INDIAN PENAL CODE (deleted later on) and Sections 302 , 364, 120-B, 201 read with Section 34 of the INDIAN PENAL CODE (added later on) at Police Station Gandhi Nagar, District Yamuna Nagar.
2. Upon issuance of notice, reply dated 18.04.2023 by way of affidavit of Rajiv Kumar, H.P.S., Deputy Superintendent of Police, Yamuna Nagar on behalf of respondent/State of Haryana has been filed by the learned State counsel which is already on record.
3. Custody certificate dated 13.05.2023 of the petitioner has been filed by learned State counsel in the Court, which was taken on record vide order dated 15.05.2023.
4. Briefly, the aforesaid case FIR was registered on the complaint of one Ashraf son of Yak
Bail is the rule and jail is the exception, and the length of judicial custody can be a factor in granting 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.
The court established that the presumption of innocence and the right to a speedy trial are critical in bail considerations, allowing for bail despite serious charges.
The central legal point established in the judgment is the need for a trial to resolve issues of identity and contradictory statements before granting bail.
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