Delhi High Court - Orders
Shehnawaz vs State Govt.Of Nct Of Delhi on 8 February, 2023
Author: Jasmeet Singh
Bench: Jasmeet Singh
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3596/2021
SHEHNAWAZ ..... Petitioner
Through: Ms. Shivangi Sharma, Adv.
versus
STATE GOVT.OF NCT OF DELHI ..... Respondent
Through: Mr D.K. Bhatia, SPP for State
(through VC)
Mr Aashneet Singh, APP for State
SI Dharmendra Kumar, PS-Gokalpuri
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 08.02.2023
1. This is an application seeking release of the applicant on regular bail in FIR No. 40/2020 dated 28.02.2020, under Sections 147/148/149/380/427/452/436/188 IPC, registered at Police Station-Gokul Puri.
2. As per the FIR, the shop of the complainant was set on fire on 25.02.2022 by some rioters. The shop was destroyed and assets of the complainant were lost. The applicant has been arrested on the basis of 161 Cr.P.C statements of 3 Constables.
3. It is stated by Ms Sharma, learned counsel appearing for the applicant that out of the three Constables, only Constable Vipin has supported his statement under Section 161 Cr.P.C in Court. Constable Hari Babu has not been able to identify the applicant and Constable Sanjay has incorrectly Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:10.02.2023 18:04:24 identified the applicant.
4. I have heard learned counsel for the parties.
5. In the present case, except the statement under Section 161 Cr.P.C, there is no incriminating material against the applicant. Out of the three Constables, Constable Hari Babu has not identified the applicant and Constable Sanjay has incorrectly identified the applicant. The applicant has not been named in the FIR. The complainant namely Jitender Kumar Sharma has not named the applicant in the FIR. He has named the applicant only in his supplementary statement under Section 161 Cr.P.C but in his statement in Court he has not named the applicant. In addition, the applicant has been acquitted in three FIR being FIR No. 47/2020, FIR No. 83/2020 and FIR No. 68/2020, all registered at Police Station-Gokalpuri under similar sections. The charge-sheet has been filed, evidence has been completed and the case is now at the stage of judgment. The applicant is stated to be in custody since 15.04.2020. All the co-accused in the FIR have already been granted bail.
6. For the aforesaid reasons, the applicant is directed to be released on bail in FIR No. 40/2020 dated 28.02.2020, under Sections 147/148/149/380/427/452/436/188 IPC, registered at Police Station-Gokul Puri subject to the following conditions:
(g) The applicant shall furnish a personal bond in the sum of Rs. 10,000/-
(Rupees Ten Thousand Only) each with 01 surety in the like amount, to the satisfaction of the trial Court;
(h) The applicant shall not leave the country and if the applicant has a passport, he shall surrender the same to the trial Court;
Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:10.02.2023 18:04:24(i) The applicant shall furnish to the IO/SHO concerned his cellphone number on which the applicant may be contacted at any time and shall ensure that the number is kept active and switched-on at all times;
(j) The applicant shall drop a Google pin location from his mobile phone to the IO concerned so as to show his whereabouts everyday;
(k) The applicant shall not indulge in any act or omission that is unlawful, illegal or that would prejudice the proceedings in pending cases, if any;
(l) The applicant or his family members/relatives/friends will not tamper with any of the witnesses in anyway.
7. Nothing stated hereinabove shall tantamount to an expression of opinion on the merits of the case.
The application is disposed of accordingly.
JASMEET SINGH, J FEBRUARY 8, 2023 sr Click here to check corrigendum, if any Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:10.02.2023 18:04:24