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Delhi High Court Denies Bail in Premeditated Murder Case Over Proprietary Stock Market Software Dispute, Citing Gravity of Offence, Strong Forensic and Electronic Evidence, and Risk of Witness Tampering and Absconding

Delhi High Court Denies Bail in Premeditated Murder Case Over Proprietary Stock Market Software Dispute, Citing Gravity of Offence, Strong Forensic and Electronic Evidence, and Risk of Witness Tampering and Absconding

Delhi High Court Denies Bail in Premeditated Murder Case Over Proprietary Stock Market Software Dispute, Citing Gravity of Offence, Strong Forensic and Electronic Evidence, and Risk of Witness Tampering and Absconding

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Court’s Decision

The Delhi High Court dismissed the bail application of the accused, charged under Sections 302, 394, 397, 201, 182, 120B, and 34 of the Indian Penal Code (IPC). The accused was alleged to have played an active role in a premeditated murder linked to a financial dispute over a proprietary stock market prediction software. The court held that:

The court relied on the Supreme Court’s ruling in Vijay Kumar v. Narendra & Ors. (2002) 9 SCC 364, which established that in cases involving heinous offences such as murder under Section 302 IPC, bail should be granted only under exceptional circumstances.

Facts

The case originated from an incident on September 9, 2023, when the police responded to a distress call near Narela, Delhi, and found a Hyundai I-10 Grand sports car covered in bloodstains. The injured victim had been transported to SRHC Hospital, Narela, where he was declared brought dead.

Initial Claims by the Complainant

Contradictions in the Investigation

However, the police investigation unraveled inconsistencies in the complainant’s version:

Confession of the Complainant

Under sustained interrogation, the complainant confessed that he was part of a murder conspiracy orchestrated by his employer, a businessman dealing in stock market trading. The employer:

Execution of the Murder

Forensic and Electronic Evidence Against the Accused

Issues

  1. Did the accused directly participate in the murder, or was he falsely implicated?
  2. Does the prosecution have sufficient evidence beyond co-accused statements to establish his involvement?
  3. Should the accused be granted bail, considering the gravity of the crime and available evidence?

Petitioner’s Arguments

Respondent’s Arguments

Analysis of the Law

Precedent Analysis

Court’s Reasoning

Conclusion

Given these factors, the court denied bail, holding that the risk of witness tampering and the gravity of the offence warranted continued judicial custody.

Implications

This ruling highlights the Delhi High Court’s commitment to preventing the misuse of judicial discretion in cases involving premeditated murder.

Also Read – Delhi High Court Denies Anticipatory Bail in Case of Alleged Repeated Sexual Assault of a Minor: “Grave Allegations and Victim’s Age Require Protection of Investigative Process”

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