Delhi High Court - Orders
Shoaib Alam @ Bobby vs State (Nct Of Delhi) on 14 May, 2024
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1674/2024
SHOAIB ALAM @ BOBBY ..... Petitioner
Through: Ms. Tara Narula, Mr. Anirudh
Ramanathan & Ms. Priya Sahil,
Advocates.
versus
STATE (NCT OF DELHI) ..... Respondent
Through: Mr. Rajat Nair, SPP with Mr. Dhruv
Pande, Advocate for State with
Inspector Priyanka, Crime Branch,
Sunlight Colony.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 14.05.2024 CRL.M.A. 14542/2024 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CRL.M.(BAIL) 819/2024
3. The present application under Section 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the applicant/ petitioner seeking grant of interim bail in case arising out of FIR bearing No. 114/2020, registered at Police Station Khajuri Khas, for a period of 04 days, on the ground of attending marriage of his cousin.
4. Briefly stated, the facts of the present case are that the present FIR was registered on 27.02.2020 on the basis of a complaint filed by Sh. Karan, it was alleged that on 25.02.2020, between 4:00 PM to 05:00 PM, wherein This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/05/2024 at 01:11:39 around 40-50 associates of one Tahir Hussain had looted his godown situated at E-17, Khajuri Khas, Main Karawal Nagar Road, Chand Bag Pulia. During investigation, it was discovered that the place of incident was situated at a distance of about 50-60 meters from building bearing no. E-17, Khajuri Khas, Main Karawal Nagar Road, Delhi, which is owned by co- accused Tahir Hussain, which had been used by rioters/miscreants including the present accused for throwing bricks, pelting stones, pelting of petrol bombs, acid bombs etc. The present applicant/accused was arrested in relation to the present FIR on 06.04.2020 and has been in judicial custody since then. The regular bail application of the applicant/accused was dismissed by this Court vide order dated 01.03.2023. The present interim bail application has been moved on the ground that the present applicant/accused has to attend the marriage function of his cousin which is scheduled to be held on 16.05.2024.
5. Learned counsel for the applicant/accused argues that the applicant/accused has been in continuous custody since the date of arrest i.e. 06.04.2020 in the present case and was released on interim bail for a period of 01.11.2022 to 07.11.2022 to attend the wedding ceremony of his sister and brother. It is also argued that during the period of interim bail previously granted to applicant/accused, no complaint was received against him and he had duly surrendered upon expiry of the bail period and thus, he is not a flight risk. It is further argued that the present applicant/accused has clean antecedents and is a respectable member of the society. It is also argued that the applicant must be given an opportunity to re-establish ties with his family. It is also submitted that the applicant undertakes to abide by any condition which may be imposed by this Court. Thus, it is prayed that This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/05/2024 at 01:11:39 the present applicant/accused be released on interim bail for a period of four days.
6. Per contra, learned counsel for the State argues that the allegations against the present applicant/accused are serious and grave in nature, and the previous bail application of the applicant has been rejected by this Court on merits. It is submitted in reference to the present interim bail application that the presence of the applicant in the marriage of his relative is not essential. It is further argued that the marriage ceremonies which are scheduled to take place from 15.05.2024 to 18.05.2024 are of a cousin brother of the present applicant and there are other family members who are there to attend the ceremonies. Thus, it is prayed that the present interim bail application of the applicant/accused be dismissed.
7. This Court has heard arguments addressed by the learned counsel for the applicant/accused and the learned counsel for the State, and has perused the material on record including the status report qua the present interim bail application.
8. The applicant/accused has filed the present application seeking grant of interim bail for a period of four days on account of marriage of his cousin brother. This Court vide its order dated 10.05.2024, had called for a status report in this regard, for the purpose of verifying the factum of the marriage of present applicant/accused's cousin.
9. A perusal of the status report filed on record reveals that the marriage ceremony is scheduled to take place in Amroha i.e. Uttar Pradesh. It is further revealed that the marriage is of a cousin brother of the present applicant, and there are seven other cousins who will be there to attend the said ceremonies.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/05/2024 at 01:11:40
10. This Court notes that the presence of the present applicant/accused in the marriage of his cousin brother is not essential for the purpose of any ceremony, and there are other family members who will be there to attend the ceremonies. It is also noted that the ceremonies have to take place outside the jurisdiction of Delhi, i.e. in the State of Uttar Pradesh and since there is no necessity of the present applicant's presence in the said ceremonies, this Court is not inclined to grant interim bail to the present applicant.
11. Accordingly, the present interim bail application is dismissed.
BAIL APPLN. 1674/202412. Issue notice. Learned counsel appearing on behalf of the respondent accepts notice, and prays for time to file a status report.
13. Let the same be filed before the next date of hearing, after providing advance copy to the other side.
14. List on 13.08.2024.
15. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J MAY 14, 2024/A/at Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/05/2024 at 01:11:40