The Delhi High Court recently comprising of a bench of Justice Jyoti Singh observed that court granting bail should examine if prima facie case against accused is made, it is not required to appreciate evidence. (Akshay Kanotra v. State NCT)
The bench noted that though at the time of consideration of bail amidst trial, in-depth analysis of testimonies of witnesses and scientific and medical evidence on record is not to be done, however, while considering an application for bail a prima facie opinion has to be formed and for doing so, a number of factors have to be borne in mind such like nature of the offense, the seriousness of the charge and whether continued detention of accused in judicial custody during trial shall meet or defeat the ends of justice.
Facts of the case
The present case has been registered on the statement of the injured/complainant, that the petitioner offered him a spiked drink and took him to a deserted place and attacked him with a paper cutter kind knife on his neck.
The charge sheet for the offenses under Sections 307/328/392/397 IPC was filed against the petitioner. Petitioner is in judicial custody since his arrest and has approached this Court seeking bail.
Contention of the Parties
The counsel for the petitioner submitted that the MLC of the complainant does not mention any symptoms or influence of sedatives. There is undue delay in obtaining the MLC and due to lack of scientific and medical evidence, the charge under Section 328 IPC cannot sustain against the petitioner. Testimony of the injured/complainant has contradictions and that he is not a reliable witness.
The counsel for the respondent submitted that the Additional Public Prosecutor appearing on behalf of respondent submitted that petitioner has committed a heinous crime of attempt to murder and his previous bail applications have been dismissed by the trial there is no change of circumstances and thus the petition deserves to be rejected. The urine report of the injured/complainant showed the presence of Barbiturates &. Benzodiazepine and if released on bail, there are chances of petitioner influencing and threatening the public witnesses.
Courts Observation & Judgment
The court made reference to the judgment by the Supreme Court in the case of Mahipal Vs. Rajesh Kumar, wherein the following observations were made,“14. The provision for an accused to be released on bail touches upon the liberty of an individual. It is for this reason that this Court does not ordinarily interfere with an order of the High Court granting bail. However, where the discretion of the High Court to grant bail has been exercised without the due application of mind or in contravention of the directions of this Court, such an order granting bail is liable to be set aside. The Court is required to factor, amongst other things, a prima facie view that the accused had committed the offence, the nature and gravity of the offence and the likelihood of the accused obstructing the proceedings of the trial in any manner or evading the course of justice.”
The bench noted that the learned trial court vide order dated 03.03.2020 has rightly dismissed petitioner’s application for bail observing that evidence is not to be appreciated mid-way and moving bail application every now and then, shall not dilute this settled law.
The bench considering the facts of the case and keeping in mind the provisions of law applicable remarked, “This Court also cannot lose sight of the fact that out of 13 witnesses, only 05 witnesses have been examined so far and testimony of public witnesses is yet to be recorded and apprehension of influencing or threatening the witnesses has been expressed by the prosecution. 32. Keeping in mind the pertinent observations of the Hon’ble Supreme Court in Mahipal Vs. Rajesh Kumar (Supra) and facts and circumstances of this case, this Court is not inclined to release petitioner on bail at this stage.”
Read Judgment;
source ; https://www.latestlaws.com
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