PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL
Vikram Alias Bikka – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
Petitioner is seeking the concession of regular bail in FIR No.309 dated 22.10.2023 under Sections 148, 149, 302, 120-B of the IPC registered at Police Station Siwani, District Bhiwani.
2. Learned counsel for the petitioner submits that the petitioner was neither named in the FIR (Annexure P-1) nor suspected of involvement at the time of its registration. The FIR, lodged by Anil Kumar, brother of deceased Vikram, states that upon learning of a quarrel involving the deceased and certain persons, the complainant rushed to the spot, but found only his injured brother, who was promptly taken to a hospital. On the way, the deceased, while still alive, named five individuals with whom he had prior enmity, alleging that they, along with two to three unidentified persons, had assaulted him with iron rods and sticks.
3. It is contended that the name of the petitioner does not find mention in this dying declaration of the deceased. It has been further argued by the learned counsel that the petitioner had no motive to harm the deceased, and if such motive existed, his name would have appeared in the statement of the deceased. It is also submitted that the petitio
The decision highlighted the importance of considering the lack of specific mention in the FIR, prolonged detention, lack of involvement in any other case, and the slow progress of the trial in grant....
The court granted bail due to lack of direct evidence against the petitioners and prolonged custody without trial, emphasizing the importance of fair trial rights.
The central legal point established in the judgment is the requirement of direct evidence linking the accused to the crime, absence of recovery, and the influence of bail granted to a co-accused in d....
The main legal point established in the judgment is the grant of regular bail based on the lack of support from a key prosecution witness, the extended period of custody without trial conclusion, and....
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