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GURBIR SINGH
Sandeep Kumar Sharma – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. allegations in fir and nature of incident. (Para 1 , 2) |
| 2. arguments regarding the innocence of the petitioner. (Para 3 , 4) |
| 3. analysis of legal provisions and bail considerations. (Para 6) |
| 4. granting of bail and procedural conditions. (Para 7 , 8) |
JUDGMENT :
Mr. Gurbir Singh, J.
This petition has been filed under Section 483 of Bharatiya Nagrik Surakhsa Sanhita for grant of regular bail to the petitioner in case FIR No.245, dated 22.06.2024, under Sections 286 , 336, 338, 427, 304-A of IPC and Section 3 (a) of Explosive Substances Act, 1908, registered at Police Station Rajendra Park, Gurugram.
2. The aforesaid FIR was registered on the complaint of Satya Parkash with the allegations that he worked on Die Machine in Techno Crat Pvt. Ltd., Daultabad Industrial Area, Tekchand Nagar, Gurugram. He alongwith Arun was working there in the night. On 22.06.2024 at about 02.30 AM at the backside of their Company where GFO Research and Development Private Limited Company was situated, there was a huge explosion and after few seconds, repeated explosions started. Due to which, the wall of their Company collapsed and caught fire and other Companies adjacent to it also caught fir
The court ruled that bail can be granted if investigation reveals insufficient evidence of the accused's malicious intent, despite serious charges being laid against them.
The decision to grant bail was influenced by the prolonged custody, lack of recovery, delayed trial, and the petitioner not being specifically named in the FIR.
The main legal point established is that the severity of alleged offences and the petitioner's cooperation with the investigation are crucial factors in determining the grant of bail.
The court evaluates the necessity of custodial interrogation in light of allegations under varying statutes, granting bail due to lack of evidence and previous criminal record.
A bail application was granted under specific conditions, emphasizing cooperation with ongoing investigations for the applicant accused of negligent handling of explosives.
The court upheld the validity of the FIR against the petitioner, establishing sufficient evidence of involvement in illegal explosive supply, and clarified the limited scope of inherent powers under ....
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