Conspiracy and Criminal Law : Whether any Verbal Agreement is a Condition under Criminal Law ?

Conspiracy and Criminal Law : Whether any Verbal Agreement is a Condition under Criminal Law ?

It has been held in Sharjeel Imam v. State of NCTD [2025] GCtR 1462 (Delhi) that "there may not be direct evidence to establish a conspiracy, and the Courts may have to rely on circumstantial evidence. There is also no necessity of a formal or verbal agreement; the proof of shared intention would suffice, which can be inferred from the conduct of the accused persons. Such an inference may be drawn from their act or expression, indicating a mutual agreement or intention. Conspiracy often involves a chain of actions or a division of roles, with liability extending to all participants."

It was also explained that Courts' discretion to grant bail is circumscribed by virtue of Section 43D(5) of the UA (P) Act, 1967. The proviso itself states that the accused person shall “not” be released on bail if the Court, upon perusal of the case diary or the final report submitted by the Investigation Agency, is of the opinion that there are reasonable grounds to believe the accusations against the accused are prima facie true.