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RAJESH BHARDWAJ
Ashu @ Hukka – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Rajesh Bhardwaj, J.
Prayer in the present petition is for grant of regular bail to the petitioner in the case FIR No.340 dated 22.09.2016, under Sections 302, 34, 120-B of IPC and Section 25, 54, 59, of Arms Act, 1959, registered at Police Station Sector 40, Gurugram..
2. Succinctly, facts of the case are the complaint was lodged by the complainant –Sube Singh wherein it was alleged that his youngest son namely, Mahesh was about 35 years of age was running a property dealer business. On 22.09.2016 at about 09:20 PM, he left his office in his Scorpio Car and he had gone about 30 steps ahead, a white colour XUV Mahindra without number plate came from the front then three boys of around 25/30 years of age carrying pistols and others weapons got down from the vehicle. They started firing on his son Mahesh and he reversed his vehicle and brought back in front of his office however all the three boys chased him and they kept on firing upon his son which hit at his shoulder, chest and eyes etc. The friend of Mahesh and the eye-witness namely, Sunil told him about the entire incident. On arranging the vehicle, his son Mahesh was shifted to Medicity Hospital where the doctor declare
The prolonged detention of the petitioner without trial violates the right to a speedy trial, warranting the grant of bail.
The court granted bail under Section 439 Cr.P.C. due to the petitioner's lengthy custody, lack of prior naming in the FIR, and completion of investigation, while ensuring witness safety.
The main legal point established in the judgment is the consideration of the length of custody, lack of evidence of the petitioner being a habitual offender, contradictions in the complainant's state....
The seriousness of the allegations, the specific role attributed to the petitioner, and the refusal to participate in TIP proceedings are crucial factors in bail decisions.
The entitlement to parity with a co-accused, lack of evidence of tampering or threatening of witnesses, and limited role in the alleged crime were key legal principles influencing the court's decisio....
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 emphasized that bail applications must be evaluated on their individual merits, irrespective of prior criminal history, especially when evidence is insufficient.
The determination of the aggressor in a case of version and cross-version lies within the domain of the trial court, and the lack of criminal antecedents and completion of investigation can be consid....
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