Delhi High Court - Orders
Pandu Ranga @ Pr Gadekar vs The State (Govt. Of Nct Delhi) on 24 January, 2022
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3498/2021
PANDU RANGA @ PR GADEKAR ..... Petitioner
Through Mr. Vijay Kumar Kandpal and Ms.
Divya Pilani, Advocates.
versus
THE STATE (GOVT. OF NCT DELHI) ..... Respondent
Through Mr. Amit Chadha, APP for the State
with SI Prakash Vir, P.S. Madhu
Vihar
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 24.01.2022 HEARD THROUGH VIDEO CONFERENCING
1. This petition under Section 439 Cr.P.C has been filed for grant of bail to the petitioner in FIR No.63/2021 dated 18.03.2021, registered at Police Station Madhu Vihar for offences under Sections 307/324/341/34 IPC.
2. Facts, in brief, leading to the present petition are as under:
a) On 18.03.2021 a PCR call vide DD No.06-A was received at Police Station Madhu Vihar from Duty Constable, LBS Hospital, Delhi regarding MLC case of injured Deepak Dass S/o Vimal Dass R/o A-45/20, Joshi Colony and Sagar Dass S/o Shri Kant Dass R/o B-94/2, Joshi Colony. Police reached the hospital and collected the MLCs of the injured persons, being MLC No.2922 and MLC No.2923 dated 18.03.2021. It was stated in the MLC that the injured persons received injuries because of assault. Deepak Dass had to go through abdominal BAIL APPLN. 3498/2021 Page 1 of 4 surgery. Sagar Dass was found fit for statement and his statement was recorded by the Police wherein he stated that on 17.03.2021 at about 10.30 P.M. he along with one Arjun Dass was consuming alcohol and after some time Deepak Dass also came there and he also consumed alcohol. It is stated that after some time the petitioner herein along with his son Kartik came there and asked the complainant and his friends to go from there. It is stated that the petitioner and his son assaulted Deepak and the complainant with a danda and his son - kartik assaulted them with a sharp edged weapon which resulted in injuries to the complainant and his friends. On the above statement FIR No.63/2021 dated 18.03.2021, was registered at Police Station Madhu Vihar for offences under Sections 307/34 IPC.
b) The petitioner was arrested on 18.03.2021.
c) The petitioner filed an application before the Trial Court seeking bail. The learned Additional Session Judge - 02, E- Court, Shahdara, Karkardooma Courts, vide order dated 27.04.2021 dismissed the said application.
d) The petitioner approached this Court by filing an application for bail, being BAIL APPLN. 1514/2021. This Court vide order dated 06.05.2021 permitted the petitioner to withdraw the said application with liberty to file a fresh application for bail before the competent Court after the charge-sheet is filed.
e) Charge-sheet was filed in June, 2021.
f) The petitioner once again approached the Trial Court for grant
BAIL APPLN. 3498/2021 Page 2 of 4
of bail. The learned Additional Session Judge - 02, E-Court, Shahdara, Karkardooma Courts, vide order dated 09.09.2021 dismissed the said application.
g) The petitioner has thereafter approached this Court by filing the instant petition.
3. Notice was issued on 27.10.2021. Status Report has been filed. A perusal of the Status Report reveals that the petitioner herein has no previous antecedents.
4. The petitioner is in custody since 18.03.2021. Charge-sheet has been filed. Material on record discloses that the petitioner is not in a position to influence witnesses or tamper with evidence. The petitioner is a family man and, therefore, has roots in society and there is very little chance of the petitioner fleeing from justice. Considering the facts and circumstances of this case, this Court is inclined to grant bail to the petitioner on the following conditions:
a) The Petitioner shall furnish a personal bond in the sum of Rs.30,000/- with two sureties of the like amount, one of them should be a relative of the petitioner, to the satisfaction of the Trial Court/Duty Magistrate.
b) Memo of Parties shows that the petitioner is a resident of H.No. A-113, 4th Floor, Joshi Colony, New Delhi. The Petitioner is directed to reside at the same address and in case of any change in the address, the Petitioner is directed to immediately intimate the same to the IO.
c) The Petitioner shall not leave Delhi NCR without prior permission of this Court till further orders.BAIL APPLN. 3498/2021 Page 3 of 4
d) The petitioner is directed to report to the concerned Police Station thrice in a week i.e. on every Monday, Wednesday and Friday at 10:30 AM and he shall be released by 11:00 AM after recording his presence.
e) The Petitioner is directed to give all his mobile numbers to the Investigating Officer and keep them operational at all times.
f) The Petitioner shall not, directly or indirectly, tamper with evidence or try to influence the witnesses or try to contact the complainant.
g) Violation of any of these conditions will also result in the immediate cancellation of the interim bail given to the petitioner.
5. It is made clear that this Court has not made any observations on the merits of the case.
6. With these observations the petition is disposed of along with the pending application(s), if any.
SUBRAMONIUM PRASAD, J JANUARY 24, 2022 Rahul BAIL APPLN. 3498/2021 Page 4 of 4