Rahul v. State
Case brief
What is this about?
Allowed bail application for a young petitioner accused of aiding escape in a gunfight case. The court noted the FIR did not disclose direct involvement in firing weapons or assaulting complainants, leading to release subject to conditions.
What did the court decide?
Petitioner released on bail subject to furnishing personal bond of ₹25,000/- with surety, reporting fortnightly, and not leaving Delhi without approval.
What the court decided
$~47
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- BAIL APPLN. 1877/2019 RAHUL ..... Petitioner
Through Mr Ishwar Singh, Advocate
versus
STATE ..... Respondent Through Ms Kamna Vohra, APP for State.
CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R % 13.09.2019
- The petitioner has filed the present petition, inter alia , praying that he be released on bail in connection with FIR No. 200/2019 under Sections 307/34 of the IPC and Section 25/27 of the Arms Act, 1959 registered at P.S. Shahbad Dairy, Delhi.
- The said FIR was registered at the instance of one Avnish @ Chotu. He had reported that on 28.04.2019 at about 10:00 p.m., he along with his friend Nishant @ Nishu were out taking a stroll at Dada Ram Samadhi Wala Park. At the material time, they were accosted by one Monty who had arrived there with his brother and another boy named Ramjaane. It was reported that Monty had taken out a pistol-like weapon and had aimed the same at the complainant (Avnish) and Nishant. In order to avoid any possible injury, which seemed imminent, the complainant caught hold of Monty but he fired one bullet from the said weapon, which had pierced the complainant’s ear. It is alleged that Monty fired another bullet which is
Issues for consideration
3 issues framed by the court
Whether bail should be granted to a young petitioner accused of being an accessory after the fact in a gunfight incident where FIR did not disclose direct involvement in firing weapons.
Whether the petitioner's economic status or lack of earnings justifies bail considering the allegations against him.
Whether the granting of bail is a proportionate exercise of power considering the accused's dotted role in the incident.
Parties & counsel
- petitioner
Rahul
- respondent
State
Coram
Vibhu Bakhru
Case details
As recorded by the court registry
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