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Synopsis

The Delhi High Court recently set aside an order allowing bail to the main accused in a murder case. The bench noted that bail in such a heinous crime of murder requires the utmost attention and serious engagement of the court.

A bench of Justice Jasmeet Singh noted, "The Sessions Court has failed to give any substantial reasons for granting bail except the fact that the case is based on circumstantial evidence."

The order has been passed in a plea filed by the victim's mother through Advocate Shyam Manohar challenging an order allowing bail to a murder accused. The mother has stated that the order is a cryptic order devoid of any reasons, especially in the case where the allegations are u/S 302 IPC.

Adv. Manohar submitted that before passing the order, no notice was issued to the mother and she was not heard and given the right to oppose the bail.

He further argued that the investigation is still undergoing and hence the Sessions Court had erred in saying that investigations in the present case were complete.

On the other hand, Advocate Sachin Chopra appearing for the murder accused submitted that the status report filed by the police stated that the petitioner had been shifting their stand and improving their version.

He further argued that in the same status report it was also stated that in the deceased's trousers, a pouch containing Ganja was found and it was a case where the deceased had died of a drug overdose. It was also said that there are no eye-witnesses to the incident and it is entirely based on circumstantial evidence.

Moreover, Additional Public Prosecutor Gahlot submitted that the investigation in the matter is still pending and the viscera report is yet to be received from the FSL.

The bench opined that the finding that the investigation in the present case was complete was also faulty, as the status report filed in this Court noted that the investigation, in this case, was being conducted, and nowhere had it been stated that the investigation in the present case was complete.

Court noted, "The nature of complaint is very serious in nature where the accused were specifically mentioned in the written complaint filed by the parents of the deceased."

In reference to this, the bench while setting aside the bail, noted that the allegations against the accused were of a very serious nature under section 302 IPC and held the order granting bail devoid of any reason.

As per the prosecution case, one Vishal (deceased) went out on his motorcycle to submit his assignment in a Village. Thereafter, Vishal called his friend informing him about his abduction and life under threat. Later, Vishal informed her mother about the same. After this, Vishal called his father and told that he had been injured and requested his father to save him. Receiving the intimation, Vishal's father called the police and his dead body was found. In view of the complaint, the accused was arrested and charged under sections 365 and 302 of IPC.

Case Title: DAYA WATI VS. THE STATE NCT OF DELHI AND ANR