Delhi High Court - Orders
Shubham Sharma vs The State (Gnctd Of Delhi) on 24 May, 2022
Author: Talwant Singh
Bench: Talwant Singh
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 865/2022
SHUBHAM SHARMA ..... Petitioner
Through: Mr. Lohit Ganguly, Adv.
versus
THE STATE (GNCTD OF DELHI) ..... Respondent
Through: Mr. Ravi Nayak, APP for the State
with SI Chander Shekhar, PS Govind
Puri, New Delhi.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 24.05.2022
1. This is a petition under Section 439 Cr.P.C. for grant of bail in case titled 'State vs. Shubham Sharma' in FIR No. 488/2021 under Sections 307 Indian Penal Code, 1860 read with Section 25/54/59 of Arms Act, PS Govind Puri.
2. It has been submitted that the present petitioner is in custody since 17.08.2021. It has been further submitted that charge-sheet stands filed and petitioner is no longer required for any further investigation. As per the counsel for the petitioner, the incident is alleged to have taken place when the petitioner as well as the injured were drinking in the house of the present petitioner and at that time some scuffle took place on some minor issue which resulted in injuries to the present victim. He further submits that the victim was discharged in one day from the hospital. He further submits that the statement of the victim is an afterthought, as it was recorded after about BAIL APPLN. 865/2022 page 1 of 3 Signature Not Verified Signed By:HARIOM Signing Date:31.05.2022 15:21:35 one month from the date of incident. He further submits that the case FIR is a verbatim reproduction of the version as alleged to have been given by the present petitioner. As per the learned counsel for the petitioner, the petitioner is no longer required for any further investigation and he is the only bread earner of the family and there was no intention to cause injury at any point of time as the scuffle suddenly took place while both of them were drinking.
3. Counsel for the petitioner relies upon the following judgments:-
(i) Hari Kishan & State of Haryana vs. Sukhbir Singh & Ors. AIR 1998 Supreme Court 2127
(ii) Pushora Singh & Anr. Vs. State of Punjab AIR 1993 Supreme Court 1256.
4. On the other hand, learned APP has submitted that the injury caused is grevious; it is not necessary that there has to be intention to cause grevious injury to make out a case under Section 307 IPC as mere knowledge is enough. He also submits that the case is at the stage of arguments on charge and moreover there is a previous criminal history of the applicant, who was involved in case FIR No. 129/2015 under Sections 325/34 IPC, PS Govind Puri and as such he is not entitled to grant of bail.
5. After hearing both the sides, I am of the considered view that since chargesheet stands filed; the accused is in custody since 17.08.2021; he is sole bread earner of the family; the victim was discharged in one day from the hospital and the earlier case against the present petitioner under Sections 325/35 IPC is of the year 2015 in which he is on bail, I am inclined to grant bail to the present petitioner on the following conditions:-
BAIL APPLN. 865/2022 page 2 of 3 Signature Not Verified Signed By:HARIOM Signing Date:31.05.2022 15:21:35 (i) He shall be released on execution of personal bond of Rs.
25,000/- with one surety of the like amount to the satisfaction of the concerned court;
(ii) He shall not indulge in any criminal offence during the period of bail;
(iii) He shall attend the concerned court on each and every date;
(iv) He shall inform his mobile number to the IO within three days from his release and he shall keep the location app on at all times.
(v) As and when he changes his address, he shall inform the IO as well as to the court within one week of change of address.
(vi) He shall not leave the country without prior permission of the concerned court.
6. The petition is disposed of.
TALWANT SINGH, J
MAY 24, 2022/nk
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BAIL APPLN. 865/2022 page 3 of 3
Signature Not Verified
Signed By:HARIOM
Signing Date:31.05.2022
15:21:35