Grant of Bail in Murder Case.
04 April 2025
Bail and Antcipatory Bail >> Criminal Law | Murder Homicide >> Criminal Law
In Sushil Yadav v/s State NCT Of Delhi., a bail application filed by an individual (accused/applicant) incarcerated since January 9, 2020, in connection with a murder case (FIR No. 344/2019). The accused sought bail for offenses under sections 302/201/120B/34 IPC and Section 27 of the Arms Act.
The prosecution alleged that the deceased, Jitender, had a loan dispute with Raj Kumar. On the night of the incident, Raj Kumar and his associates, including the accused, were present in Raj Kumar's office. The prosecution's specific case was that Raj Kumar fired the fatal shot, killing Jitender instantly.
The Senior Counsel for the accused argued that there was no evidence to suggest the accused's direct involvement in the killing, and even the prosecution admitted Raj Kumar fired the weapon. It was also highlighted that the accused had no motive. Furthermore, co-accused Naresh and Vijay, who were also allegedly present, had already been granted bail. CCTV footage was presented to dispute the prosecution's claim about the accused being the last to leave the office.
The Learned APP opposed the bail, citing the serious nature of the offense and the difficulty for investigators to ascertain what transpired within the office's four walls.
The court acknowledged the investigative challenges but stated that the accused's liberty could not be curtailed indefinitely on that basis. The court noted that Raj Kumar admittedly fired the pistol, and there was no material to show any instigation by the other accused or evidence of a conspiracy. Finding no reason to further deny the accused liberty, the court granted bail, subject to furnishing a personal bond of Rs. 10,000/- with one surety of the like amount. The court clarified that these observations would not influence the trial's final outcome.
Section 34., Indian Penal Code - 1860
Section 120B., Indian Penal Code - 1860
Section 201., Indian Penal Code - 1860
Section 302., Indian Penal Code - 1860