The Single Bench of the Delhi High Court in the case of Rakesh vs State (Govt. of NCT Delhi) consisting of Justice Anoop Kumar Mendiratta observed that a person exercising a legal right in the court of law has a corresponding obligation and duty from acting in a manner which may lead to violation of the rights of other individuals.

Facts

An application was filed on behalf of the petitioner u/s 439 CrPC for grant of regular bail u/s 186/353/427/506 IPC and Section 3 of the Prevention of Damage to Public Property Act, 1984 for attempt to assault the Reader and vandalizing the furniture and articles present in the court room, i.e., tables, chairs, fans, LED lights, computers, printers, glass shields and the chair of the learned Judge.

Contentions Made

Petitioner: The petitioner has been in custody since July 2021 and has clean past antecedents.
Respondent: The CCTV footage of the incident was duly obtained and the photographs of the incident were also annexed.

Observations of the Court

The Bench noted that the petitioner vented out his frustration in the court and took law in his hands by damaging the public property and opined that:

“Vindicating of any personal grievance by violent means has to be rejected at the threshold. A person exercising a legal right in the court of law has a corresponding obligation and duty from acting in a manner which may lead to violation of the rights of other individuals.”

Judgment

Considering the petitioner was a first-time offender along with other underlying facts and circumstances, the petitioner was admitted to bail on furnishing a personal bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of the learned trial court and subject to following conditions:

  1. The petitioner shall provide his mobile number to the Investigating Officer (IO) concerned/SHO concerned at the time of release, which shall be kept in working conditions always. The petitioner shall not switch-off, or change the same without prior intimation to the IO concerned, during the period of bail.
  2. The petitioner shall not indulge in any criminal activity or any illegal activities during the bail period.
  3. The petitioner shall not tamper with the evidence of the case.

Case: Rakesh vs State (Govt. of NCT Delhi)

Citation: BAIL APPLN. 652/2022

Bench: Justice Anoop Kumar Mendiratta

Decided on: 5th August 2022

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Picture Source :

 
Ayesha