Indian Penal Code, 1860, Sections 307, 326, and 323 – Bail – Not granted – Grant of bail – Discretionary relief – Parameters for consideration – Severity of offence – Intent to commit murder – Nature of injury – Overt act – Use of dangerous weapon – The High Court of Himachal Pradesh considered a bail application filed by the petitioner, who was arrested for offences punishable under Sections 307, 326, and 323 IPC, arising from an incident where the petitioner allegedly attacked his wife with a darat.
The petitioner contended innocence and argued that the injuries sustained by the victim were not severe enough to attract Section 307 IPC. However, the State asserted that the petitioner attempted to murder his wife and could intimidate witnesses if released on bail.
The Court referred to precedents including Bhagwan Singh v. Dilip Kumar, Kalyan Chandra Sarkar v. Rajesh Ranjan, and State of Haryana vs Dharamraj to outline parameters for granting bail, emphasizing factors such as the severity of the accusation, nature of evidence, and apprehension of witness tampering.
Analyzing the evidence, the Court observed that the use of a dangerous weapon like a darat and severity of injuries prima facie indicated an intent to cause death, satisfying the conditions for an offence under Section 307 IPC.Consequently, the Court denied bail, considering the heinous nature of the offence and the potential for witness intimidation if the petitioner were released. (Para 15)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 352 HP
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Vijay Kumar Vs. State Of Himachal Pradesh
Cr.MP (M) No. 2360 of 2023-Decided on 28-11-2023
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