Delhi High Court - Orders
Sushil Kumar @ Sillu vs State on 15 September, 2021
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2522/2021
SUSHIL KUMAR @ SILLU ..... Petitioner
Through: Mr. M.P. Sinha, Advocate
Versus
STATE ..... Respondent
Through: Mr. Panna Lal Sharma, APP for State
with SI Shri Narayan, P.S. Rajinder Nagar
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
(VIA VIDEO CONFERENCING)
ORDER
% 15.09.2021
1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant seeking regular bail in FIR No. 30/2020 registered under Sections 425/307/34 IPC and Section 25 of the Arms Act at Police Station Rajinder Nagar, Delhi.
2. Learned counsel for the applicant submits that the applicant has been in judicial custody since 06.03.2020. He submits that the charge sheet in the present case has already been filed and the applicant is no longer required for the purpose of custodial interrogation. He further submits that the applicant has already given his consent for recording of his voic e sample and undertakes to appear before the FSL from 27.09.2021 to 30.09.2021 for the aforesaid purpose.
3. Learned APP for the State has opposed the bail application. He, on instructions from the Investigating Officer, submits that the present applicant is a key conspirator and the brother-in-law of the co-accused Lakhan Verma. He submits that in the present case the complainant is related to one Abhay Arora who in conspiracy with the present applicant has planned the incident. Initially, Abhay Arora had given the phone number and payment details of the complainant (Rohit Kalra) to Lakhan Verma. Thereafter, Lakhan Verma shared the information with the present applicant and the present applicant forwarded the information to his former jail inmates, namely, Amit Kumar Shukla & Navin Dabas, who thereafter hired three co-accused, namely, Nitesh Phore, Ankit, & Varun Vashisht to execute the conspiracy of killing the complainant. In pursuance of which, the above three henchmen fired shots at the complainant on the date of the incident. Lastly, he submits that the applicant is also found involved in four other cases being FIR No. 128/2019 registered under Sections 25/54/59 of the Arms Act at Police Station Govind Puri, Delhi, FIR No. 119/2011 registered under Sections 382/392/411/34 IPC at Police Station Fatehpur Beri, Delhi, FIR No. 156/2011 registered under Sections 382/411/34 IPC at Police Station Pul Prahlad Pur, Delhi and FIR No. 113/2011 registered under Sections 392/34 IPC at Police Station Pul Prahlad Pur, Delhi.
4. In rebuttal, learned counsel for the applicant submits that in the first two cases the applicant has already been acquitted while in the third case though he was convicted, but his sentence has been suspended and he is on bail in the fourth case.
5. Considering the role assigned to the applicant, the fact that the applicant has been in custody since 06.03.2020, it is directed that subject to the applicant cooperating in investigation and appearing before the FSL, he be released on regular bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/Duty M.M./concerned Court and subject to the following further conditions:-
(i) The applicant shall not leave the NCT of Delhi without prior permission of the concerned Court.
(ii) The applicant shall remain available on mobile number:
9953066878 (which belongs to pairokar), which he undertakes to keep operational at all times during the pendency of the trial.
(iii) In case of change of residential address or contact details, the applicant shall promptly inform the same to the concerned Investigating Officer as well as to the concerned Court.
(iv) The applicant shall mark his presence before the Investigating Officer/SI Shri Narayan Ojha, Police Station Rajinder Nagar, Delhi on first and third Monday of every month.
(v) The applicant shall regularly appear before the concerned Court during the pendency of the trial.
(vi) The applicant shall not directly/indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the evidence.
6. The bail application stands disposed of in the above terms.
7. A copy of this order be communicated electronically to be concerned Jail Superintendent for information.
8. A copy of this order be immediately uploaded on the website.
9. Needless to state that nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have a bearing on the trial of the case.
MANOJ KUMAR OHRI, J SEPTEMBER 15, 2021 p'ma Click here to check corrigendum, if any