Bharat Singh vs. State Govt of NCT of Delhi
Background
The applicant was accused of hitting a friend, Sunil, with a sharp metal object during a scuffle after both had been drinking together, resulting in the victim's kidney being surgically removed. Two previous bail applications had already been rejected by the trial court on the ground that the applicant might threaten witnesses, and the applicant had already spent about fourteen months in custody.
Decision Breakdown
The Court noted the case was still at an early trial stage with the victim yet to be examined (only the complainant, who had reportedly turned hostile, had testified so far), and that the victim's family had received threats connected to the applicant. Weighing the seriousness of the injury, a permanently removed kidney, the ongoing risk to witnesses, and the fact that the applicant had not shown any real change in circumstances since the last rejection, the Court declined to grant bail and dismissed the application.
Lesson Learnt
Courts weigh witness safety heavily in violent injury cases: bail can be denied even after lengthy custody if key witnesses (especially the victim) have not yet testified and there is a credible risk of intimidation.