Delhi High Court - Orders
Deepak vs State Gnct Of Delhi on 3 February, 2022
Author: Mukta Gupta
Bench: Mukta Gupta
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3807/2021
DEEPAK ..... Petitioner
Represented by: Mr. Gautam Khazanchi and
Mr.Vaibhav Dubey, Advocates.
Versus
STATE GNCT OF DELHI ..... Respondent
Represented by: Mr. Amit Gupta, APP for the State
with SI Satender Singh PS Burari.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 03.02.2022 The hearing has been conducted through Video Conferencing.
BAIL APPLN. 3807/20211. By this petition, the petitioner seeks regular bail in case FIR No.98/2020 under Sections 394/34 IPC registered at PS - Burari.
2. Learned counsel for the petitioner states that the two co-accused have already been granted bail and the petitioner, being at par with them, also be released on bail.
3. The above noted FIR was registered on the complaint of one Mohd. Wakil, who stated that he is a driver of TSR. On 20th February, 2020 at around 7.30 PM, he was waiting for passengers opposite Burari Authority, the petitioner approached him and asked him to go to Wazirpur. The complainant agreed to take him for a sum of ₹140/-.
Signature Not VerifiedBAIL APPLN. 3807/2021 PageDigitally
1 of Signed
3 By:JUSTICE
MUKTA GUPTA
Signing Date:03.02.2022
21:28:58
Thereafter, one other person also boarded the TSR. When the TSR moved, their third associate came up on a UP number motor cycle. When they reached at Ashok Vihar, Phase-I, D Block, the motor cycle rider asked his two associates, who were sitting in back seat of TSR to press neck of the complainant. On his instructions, Sanjay@ Banda choked the complainant and the petitioner started beating him with fists and blows. Motor cycle rider- Monu Pal started searching pockets of the complainant and also asked them to assault complainant with a knife. Pursuant to the instructions of Monu Pal, the petitioner assaulted the complainant with some object resulting in injury on the head, he started bleeding and became unconscious.
4. The co-accused/ Sanjay@ Banda was granted bail because the charge-sheet was not filed within the statutory period under Section 167(2) Cr.P.C. and Monu Pal was granted bail on merits. As per the MLC of the complainant, the injury received was simple in nature i.e. lacerated wound on the perito occipital region. Thus, the injury was neither with a deadly weapon nor grievous hurt and the role of the petitioner would be at par with the co-accused Sanjay@ Banda and Monu Pal, who have already been granted bail.
5. Consequently, this Court deems it fit to grant regular bail to the petitioner. It is, therefore, directed that the petitioner be released on bail on his furnishing a personal bond in the sum of ₹25,000/- with two surety bonds of the like amount subject to the satisfaction of the learned Trial Court/CMM/ Duty Magistrate concerned, further subject to the conditions that the petitioner will not leave the jurisdiction of the NCT Delhi without prior permission of the Court concerned; the Signature Not Verified BAIL APPLN. 3807/2021 PageDigitally 2 of Signed 3 By:JUSTICE MUKTA GUPTA Signing Date:03.02.2022 21:28:58 petitioner will also report the SHO, PS Burari on the first Monday of every month at 05.00 PM and in case of change of residential address and/ or the mobile number of the petitioner, the same will be intimated to the Court by way of an affidavit.
6. Petition is disposed of.
7. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
FEBRUARY 3, 2022 PB Signature Not Verified BAIL APPLN. 3807/2021 PageDigitally 3 of Signed 3 By:JUSTICE MUKTA GUPTA Signing Date:03.02.2022 21:28:58