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Vishal @ Chiku vs State Of Nct Of Delhi on 15 June, 2020

Author: Manoj Kumar Ohri

Bench: Manoj Kumar Ohri

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     BAIL. APPL. 1086/2020
      VISHAL @ CHIKU                           ..... Petitioner
                      Through: Mr. Abhay Kumar, Advocate

                          versus

      STATE OF NCT OF DELHI                              ..... Respondent
                    Through:           Ms. Manjeet Arya, APP for State with
                                       SI Vinay Kumar, PS Ambedkar
                                       Nagar
      CORAM:
      HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

      (VIA VIDEO CONFERENCING)
                    ORDER

% 15.06.2020

1. The present bail application has been filed on behalf of the petitioner seeking regular bail in FIR No. 118/2017 registered under Sections 302/307/147/148/149 IPC at Police Station Ambedkar Nagar, Delhi.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has been in custody since 20.06.2017. He submits that all the material witnesses have been examined and none have supported the prosecution case. He further submits that even as per the charge-sheet, the only role ascribed to the present petitioner is of standing with the accused who had fired the shot.

3. Ms. Manjeet Arya, learned APP for the State, on the other hand, has opposed the bail application. She submits that as per the CCTV footage, the petitioner was found standing with the other accused who had fired gun shots. She further submits that the petitioner is involved in one another case.

4. In rebuttal, learned counsel for the petitioner submits that the petitioner is already on bail in the other FIR bearing FIR No.294/2017 registered under Sections 25/54/59 of Arms Act at Police Station Sangam Vihar, Delhi. While referring to the testimony of PW Kunal, he submits that Kunal did not identify the present petitioner in the CCTV footage.

5. In view of the aforesaid facts and circumstances of the case, the petitioner is admitted to bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/Duty MM/concerned court subject to the following conditions:-

(i) The petitioner shall not leave the jurisdiction of NCT of Delhi during the period of his release without the prior permission of the concerned Court.

(ii) The petitioner shall not try to get in touch with the complainant or any other prosecution witness directly or indirectly and shall not make any effort to tamper with the evidence.

(iii) The petitioner shall provide his mobile/landline number and residential address to the IO, SI/SHO PS Ambedkar Nagar, Delhi and in case of any change in the same, shall bring it to the notice of IO, SI/SHO PS Ambedkar Nagar as well as to the concerned court.

(iv) The petitioner shall keep his mobile/landline number operational during the pendency of the trial and shall report to the IO, SI Vinay Kumar on his mobile No.9267927543, BAIL. APPL. 1086/2020 Page 2 of 3 P.S. Ambedkar Nagar, Delhi (telephonically during the period of lockdown) on the first and third Monday of every month.

6. The application stands disposed of in the above terms.

7. A copy of this order be communicated to the concerned Jail Superintendent as well as to the concerned I.O/S.I./S.H.O. electronically for information and necessary compliance.

MANOJ KUMAR OHRI, J JUNE 15, 2020 na BAIL. APPL. 1086/2020 Page 3 of 3