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Case Title: Shah Alam v. NCT Delhi

Reserved on: 01.06.2023

Pronounced on: 07.06.2023

 + BAIL APPLN. 1033/2023

CORAM: HON’BLE MR. JUSTICE VIKAS MAHAJAN

Introduction

After practically two years and nine months in jail, the person charged in a case of abduct for ransom was granted bail by the Delhi High Court. The court said that at this point in the trial, the accused could not be kept in jail just to teach them a lesson. Justice Vikas Mahajan said that it is obvious that the severity of a crime is not the only thing that can keep someone from getting bail.

“A person ought to only remain in jail if there is a chance that he or she will run away, mess with evidence, or threaten a witness. The court said that just because the crime is important does not mean that the person’s freedom can be taken away for an undetermined amount of time.

Facts Of the Case

A complaint has already been filed, and the petitioner, who has been in jail since September 2020, does not have to pay anything.

The court was hearing the accused’s request for bail, which was filed at PS New Ashok Nagar under Sections 364A-365, 342, 323, 506,102B, and 34 IPC. The prosecution says that the victim gave a statement under Section 164 CrPC saying that the accused person and his girlfriend kidnapped her for ransom. The woman said that they had also hit her. The accused person also took her cell phone, from which calls and WhatsApp texts demanding cash were sent. The report says that someone asked for Rs 40 Lakh.

Courts Analysis and decision

The court said that the victim had already been “examined in chief” and that the state had named 23 witnesses. The hearing will take a long time to come to an end. “At this point in the trial, the accused cannot be kept in jail just to teach them a lesson,” Justice Mahajan said. “Both the prosecution’s case and the defence of the accused persons have yet to be tested at trial.”

The court also said that the government has not shown that the accused people hurt the victim in any way. Even the MLC of the victim says that “no fresh external wounds could be seen with the naked eye,” the court said.

“It is also not the prosecution’s case that the petitioner is a repeat offender or a dangerous criminal who, if released on bail, might run away from justice or do these things again,” the court said while releasing the accused on bail with certain terms.

Judgment- click here to review the judgment

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Written by- Anushka Satwani