Personal Liberty Can't Be Curtailed Merely Because Community Holds Sentiments Against Accused: Delhi High Court Grants Bail In Robbery Case

Observing that the right to bail is not to be denied merely because of sentiments of the community against the accused, the Delhi High Court has granted bail to a man accused in a robbery case.

Justice Chandra Dhari Singh granted bail to one Taranjeet Singh seeking regular bail in an FIR registered under sec. 392 (robbery), 411 (Dishonestly receiving stolen property) and 34 (Acts done by several persons in furtherance of common intention) of IPC.

"It is well settled law that personal liberty is very precious Fundamental Right and it should be curtailed only when it becomes imperative according to peculiar facts and circumstances of the case," the Court said.

It added

"It is also settled law that grant or denial is regulated to large extent by facts and circumstances of each particular case, but at the same time, right to bail is not to be denied merely because of sentiments of the community against the accused."

It was submitted on behalf of the accused person that as per FIR the incident had taken place on 24th November 2021 and that he, alongwith co-accused was apprehended by the two police Constables within few minutes, however there was an unexplained delay in registration of the FIR.

It was further submitted that the petitioner had not committed any offence as alleged in the FIR and was falsely implicated in the matter. It was argued that the petitioner was an innocent person having no criminal antecedents and that he was a first-time offender.

Stating that the petitioner was languishing in jail since 25th November 2021, it was argued that after completion of investigation, chargesheet was filed in the matter on 15th January 2022.

On the other hand, the State opposed the grant of bail by submitting that a toy pistol and complainant's handbag was recovered from the possession of the petitioner and that the offence was grave in nature and there was a high chance that petitioner may jump bail, if released by this Court.

"It is an admitted fact that there is no previous involvement of the petitioner in any other case. He is a first-time offender having no criminal antecedents. There is also no denial to this effect either in the submissions of learned APP or in the status report filed by the State," the Court noted.

The Court is accordingly granted bail to the petitioner subject to his furnishing of personal bond in the sum of Rs.25,000 with a solvent surety of like amount.

Case Title: TARANJEET SINGH v. STATE

Citation: 2022 LiveLaw (Del) 118

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