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Delhi High Court Grants Bail to Attempted Murder Accused: “Absence of Grievous Injuries, Lack of Weapon Recovery, and Prolonged Incarceration Without Trial Progress Justify Release Under Article 21 of the Constitution”

Delhi High Court Grants Bail to Attempted Murder Accused: "Absence of Grievous Injuries, Lack of Weapon Recovery, and Prolonged Incarceration Without Trial Progress Justify Release Under Article 21 of the Constitution"

Delhi High Court Grants Bail to Attempted Murder Accused: "Absence of Grievous Injuries, Lack of Weapon Recovery, and Prolonged Incarceration Without Trial Progress Justify Release Under Article 21 of the Constitution"

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Court’s Decision

The Delhi High Court granted bail to the applicant, accused of attempted murder under Sections 307/323/34 of the IPC, citing the absence of grievous injuries, lack of weapon recovery, and prolonged incarceration without trial progress. The court emphasized the right to a speedy trial under Article 21 of the Constitution and noted that the co-accused had already been granted bail. The applicant was directed to furnish a bail bond of ₹15,000 with one surety and adhere to strict conditions, including not tampering with evidence, keeping a functional mobile number, and attending every court hearing.


Facts of the Case

The case arises from an alleged incident on January 26, 2024, in Shastri Nagar, Delhi, where the complainant and his friend were allegedly attacked by the applicant and his associates. The complainant claimed that the applicant attempted to stab him with a knife but ended up causing injuries to his head and face. The attack reportedly happened after the complainant refused to give money for alcohol.

Sequence of Events:

  1. The complainant and his friend went to Chunni Wala Park, Shastri Nagar, where the applicant and his associates were consuming alcohol.
  2. The applicant demanded money from the complainant for purchasing more alcohol.
  3. Upon refusal, the applicant, along with the co-accused, assaulted the complainant and his friend using fists and sticks.
  4. The complainant alleged that the applicant attempted to stab him in the neck, but he managed to turn, resulting in injuries to his head.
  5. The medical report (MLC) indicated only simple injuries caused by a blunt object, contradicting the prosecution’s claim that a knife was used.
  6. The complainant and his friend were discharged from the hospital the same day.

The applicant was arrested on January 28, 2024, and remained in custody for over a year. His previous bail application was rejected by the Additional Sessions Judge on December 23, 2024.

The co-accused, Sunil @ Ganja, was granted bail on December 9, 2024, because he had already spent 10 months in custody and had no prior criminal record. The court had observed that keeping him in jail for an extended period was unnecessary since the trial would take time. The applicant, however, remained in custody despite similar allegations against him.


Legal Issues Before the Court

  1. Does the nature of the injuries sustained by the complainant justify the charge under Section 307 IPC (attempt to murder)?
  2. Should the applicant be denied bail based on his past criminal case, despite being acquitted?
  3. Does the applicant pose a danger to society if released on bail?
  4. Does prolonged incarceration without trial progress violate the applicant’s right under Article 21 of the Constitution?
  5. Does the granting of bail to the co-accused create grounds for granting bail to the applicant?

Petitioner’s Arguments (Applicant’s Defense)

The applicant, through his counsel, argued for bail on the following grounds:

1. No Evidence of Attempt to Murder (Section 307 IPC Not Applicable)

2. Lack of Evidence: No Recovery of Knife or Other Weapons

3. The Co-Accused Was Granted Bail, So the Applicant Deserved Similar Treatment

4. Delay in Trial Violates Right to Speedy Trial (Article 21 of the Constitution)

5. Socio-Economic Background of the Applicant

6. Reliance on Precedents Favoring Bail

The applicant relied on:


Respondent’s Arguments (Prosecution’s Case)

The Additional Public Prosecutor opposed the bail, arguing:

  1. The Applicant Had a Criminal Background
    • The applicant was previously accused under Section 302 IPC (murder).
    • Even though he was acquitted, this showed his criminal propensity.
  2. The Applicant Might Re-Offend if Released
    • The applicant was involved in a serious attempt to murder case.
    • If released, he might commit similar offenses.
  3. The Trial Was Already in Progress
    • The charges were already framed, and the prosecution evidence was being recorded.
    • Bail should not be granted at this critical stage of the trial.

Analysis of the Law


Court’s Reasoning

  1. The injuries sustained were minor, contradicting the prosecution’s claim that the applicant attempted to murder the complainant.
  2. No weapon was recovered, which weakened the evidence.
  3. The co-accused, who had a similar role, was already granted bail, so the applicant could not be treated differently.
  4. Trial delay was a violation of the right to a speedy trial.
  5. The applicant’s socio-economic background and willingness to comply with bail conditions supported his release.

Conclusion

The court granted bail and imposed conditions, including:


Implications

  1. Prevents misuse of Section 307 IPC in cases where injuries are minor.
  2. Reaffirms the principle of granting bail unless there is substantial evidence justifying incarceration.
  3. Upholds the fundamental right to a speedy trial, discouraging indefinite pretrial detention.
  4. Encourages courts to treat co-accused in similar circumstances equally.

This judgment underscores the importance of fair trial rights and the necessity of granting bail in cases with weak evidence and undue delays.

Also Read – Delhi High Court Directs Grant of Notional Senior Time Scale Benefits for Retired CRPF Officers: “Denying Such Benefit While Granting Increments Would Create an Artificial Distinction”

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