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AMAN CHAUDHARY
Deepak – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. overview of the bail petition. (Para 1) |
| 2. arguments for and against bail. (Para 2 , 3) |
| 3. court's considerations for granting bail. (Para 4 , 5) |
| 4. conditions upon granting bail. (Para 6) |
| 5. judicial safeguards post bail grant. (Para 7 , 8) |
JUDGMENT
Mr. Aman Chaudhary, J.
The present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail to the petitioner in case FIR No. 269 dated 29.04.2022, registered under Section 304 of the INDIAN PENAL CODE , 1860 at Police Station Kharkhoda, District Sonipat.
2. Learned counsel contends that petitioner has been in custody for the last 1 year 2 months. He has been falsely implicated in the present case. The incident had taken place when the deceased who was an alcoholic and his wife were fighting in the middle of the night and he fell off the roof, in which the petitioner though their neighbor, had no role to play. The petitioner is a poor person, working as a labourer and is living in the house of his married sister, as his parents had expired. He has no criminal antecedents. Charges have been framed on 19.09.2022, however, none of 15 Pws have been examined. Learned counsel has produced copy of Zimni o
The main legal point established in the judgment is that the length of custody, examination of witnesses, bail granted to co-accused, and the likelihood of a lengthy trial are relevant factors in dec....
The court's decision to grant bail was based on the lack of evidence establishing the accused's intention to commit murder under Sec. 302 of IPC and the completion of the investigation.
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