Final Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 12 BAIL MATTERS 277/2026 STATE Vs. TOHID 10875/2026
(KARAWAL NAGAR)
05.08.2026
This is the bail application of accused Tohid S/o Sh. Wali Mohd.
Present: Sh. Virendra Pratap Rao Singh, Ld. APP for the State.
Sh. Shekhar Sharma, Ld. Counsel for the accused.
An application for granting the bail of accused Tohid has been filed
through his counsel on the grounds that he is in JC since 13.05.2026. Ld. Counsel
submits that he has been falsely implicated in the present case, nothing was recovered
from him, he has clean antecedents and investigation is complete. He prays that
accused Tohid be granted bail. Heard on arguments in respect of bail application.
Reply filed by the IO, wherein he has opposed the same.
Heard. Record perused.
It is a cannon of law that bail is a rule and jail is an exception. It has been
held by the Hon'ble Supreme Court of India in plethora of judgments that deprivation
of freedom by refusal of bail is not for punitive purposes but for bifocal interest of
justice. The nature of charge is vital factor and the severity of punishment to which
the accused may be liable if convicted also bears upon the issue.
It is held in the judgment of State of Maharashtra v. Sitaram Popat
Vetal, (2004) 7 SCC 521
“It is observed and held by this Court that while granting of
bail, the following factors among other circumstances are
required to be considered by the Court: 1. The nature of
accusation and the severity of punishment in case of conviction
and the nature of supporting evidence; 2. Reasonable
apprehension of tampering with the witness or apprehension
of threat to the complainant; and 3. Prima facie satisfaction
of the court in support of the charge. It is further observed that
any order dehors such reasons suffers from non-application of
mind”.
The accused is in JC for about more than 02 months. Recovery of the
contd....
-- 1 of 2 --
-2-
case property has already been effected and custodial interrogation is no longer
required. No fruitful purpose shall be served keeping the accused behind the bars.
Accused is ready and willing to cooperate in the investigation. Considering the facts
and circumstances the accused Tohid is admitted to bail in this FIR on furnishing bail
bond in the sum of Rs. 20,000/- (Rupees Twenty Thousand FDR) with one surety in
the like amount subject to the following conditions:-
i. That the accused shall not indulge in similar types of offence or any other offence
in the event of release on bail.
ii. That he shall not threaten the witness.
iii. That he shall not directly or indirectly make any inducement threat or promise to
the person acquainted with the facts and circumstances of the case so as to
dissuade him from disclosing to the court or to any police officer or tamper with
evidence
iv. That in case of change of his residential address he shall intimate the court about
the same.
v. He shall attend the court in accordance with the conditions of bond executed.
vi. He shall not leave the country without prior intimation to this court.
Hard copy and soft copy of the order be also sent to the concerned
Jail Superintendent physically as well as through email in view of the guidelines
laid down by Hon’ble Supreme Court of India in “Re Policy Strategy For Grant
of Bail”.
Copy of the order be uploaded on CIS as well as Layers.
At request, a copy of this order be given dasti to Ld. Counsel for
accused.
(ISRA ZAIDI)
JMFC-04/NE/KKDC/DELHI
05.08.2026
-- 2 of 2 --