Delhi HC denies pre-arrest bail to man, says he is 'bad character', faces several cases

Justice Subramonium Prasad said that his custody was required for the recovery of a knife, which he had used to injure the complainant.
Delhi High Court (File Photo | PTI)
Delhi High Court (File Photo | PTI)

NEW DELHI: The Delhi High Court has refused to grant pre-arrest bail to a person, saying he is a "bad character" and the chances of him threatening the person, who suffered a jaw fracture after being attacked, cannot be ruled out.

Justice Subramonium Prasad said that his custody was required for the recovery of a knife, which he had used to injure the complainant.

The judge also said that the accused, Azad Singh, had several cases registered against him.

He has been evading arrest since September last year, and if given anticipatory bail, there is reasonable apprehension that he is likely to abscond, the judge said.

"(Considering) the fact that the petitioner is a 'bad character' of the (his) area, having a number of cases registered against him, the chances of the petitioner threatening the complainant and his family members cannot be ruled,” he said.

The effect of injury is such that the complainant has suffered a jaw fracture, Justice Prasad said.

"The fact that the nature of injury, the antecedents of the petitioner, the chances of the petitioner fleeing from justice, are all relevant factors for grant or refusal of bail.

This court is not inclined to grant anticipatory bail to the petitioner," he said.

The complainant has alleged that in September last year, Singh had inflicted injuries on his legs with a knife and hit him on his face a number of times with the butt of the knife.

The medical record shows that the complainant suffered abrasion on the left parietal region, swelling and clear incised wounds on his thighs.

It also stated that the injured was not able to speak due to pain and swelling in his jaws.

The FIR has been registered under Indian Penal Code sections pertaining to attempt to commit culpable homicide, criminal intimidation and voluntarily causing hurt by dangerous weapons, among others.

The prosecution opposed grant of pre-arrest bail to Singh on the ground that he had been declared a "bad character of the area", having 24 cases against him.

The court was informed that while Singh was supposed to come to the police station once every month, he has been absconding since the incident.

Singh sought protection from arrest on the ground that his custodial investigation was not needed as he has already joined the investigation.

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