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Imran vs Govt Of Nct Of Delhi Through Its ... on 17 May, 2022

Author: Talwant Singh

Bench: Talwant Singh

                      $~16
                      *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                      +    BAIL APPLN. 4423/2021
                           IMRAN                                     ..... Petitioner
                                          Through: Mr. Kamlesh Kumar Mishsra,
                                                   Mr. Aditya, Ms. Bibhuti Bhushan
                                                   Mishra, Ms. Pragya Dubey and Mr.
                                                   Shubham Chauhan, Advocates.

                                                versus

                             GOVT OF NCT OF DELHI THROUGH ITS SECRETARY HOME
                                                                           ..... Respondent
                                          Through: Mr. Ravi Nayak, APP for State.
                                                     SI Deepak, PS Burari.
                             CORAM:
                             HON'BLE MR. JUSTICE TALWANT SINGH
                                          ORDER

% 17.05.2022

1. The present application has been moved by the petitioner u/s 439 Cr.P.C. for grant of regular bail in case FIR No. 98/21 u/s 307/411/120-B/34 IPC, registered with PS Burari.

2. The petitioner has handed over certain documents, same be taken on record.

3. Learned counsel for the petitioner has submitted that the accused is in judicial custody since 20.02.2021. The charge-sheet stands filed and the next date of hearing for arguments on charge is 28.05.2022. He has further submitted that the other two accused, namely, Amit Mehra and Naseem Ahmad have already been granted bail, so the present petitioner is also entitled to bail on the ground of parity as well as in view of the fact that charge-sheet has been filed.

4. It has been further submitted that in the status report the learned APP for State has pointed out about three cases which are pending against the present petitioner. The petitioner admitted the pendency of these three cases. His explanation is that in the case FIR No. 131/2015 u/s 302/201/31 IPC, registered with PS Rajabpur, Distt. Amroha, he was not named as accused, however he was arrested later on, on the basis of some disclosure statement, however, he is stated to be on bail in the said matter. FIR No. 80/2016 u/s 309/509/504 IPC PS Amroha Rural Distt. Amroha, U.P was registered on the allegations that the present petitioner tried to commit suicide while in jail and he is on bail in this case also. Third case was FIR No. 22/2017 u/s 3(1) UP Control of Gundas Act PS Rajabpur, Distt. Amroha, UP, is stated have been registered on the basis of above two matter and he is stated to be on bail in the third matter as well.

5. Learned APP for the States opposes the bail on the ground that present applicant is the person who has inflicted injuries on the injured Rajkumar and the nature of injury is 'grievous'. Learned APP has also referred to the above three cases, which are pending against the present applicant. The further apprehension of the State is that if the applicant is released on bail, he may try to influence the complainant, injured and the material witnesses.

6. Keeping in view the fact that the other accused are already on bail; the charge-sheet stands filed, the present applicant is in J.C. since 20.02.2021 and is no longer required for further investigation and the explanation offered by the petitioner regarding the pendency of the other three cases, and with appropriate conditions apprehensions of the State regarding threat of BAIL APPLN. 4423/2021 Page 2 of 3 Signature Not Verified Signed By:HARIOM Signing Date:19.05.2022 11:30:28 influencing of witnesses can also be taken care of, I am inclined to grant bail to the present accused/applicant on his execution of personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the trial Court subject to the following conditions:-

(i) He shall not try to visit the locality where the complainant lives i.e Chandan Vihar, Burari, Delhi;

(ii) he shall not try to contact the injured/complainant and witnesses either directly or indirectly during the pendency of the trial;

(iii) the petitioner shall not leave the country without prior permission from the Court;

(iv) the petitioner shall furnish details regarding his present address to the IO within one week from the date of his release and as and when he changes the same, he will furnish the same to the IO and the trial Court within 15 days thereafter;

(v) the petitioner shall provide his mobile number to the IO within one week of his release and he shall keep the location on of his mobile; and

(vi) he shall appear before the trial Court as and when the date is fixed.

7. The petition is disposed of accordingly.

TALWANT SINGH, J MAY 17, 2022/mr Click here to check corrigendum, if any BAIL APPLN. 4423/2021 Page 3 of 3 Signature Not Verified Signed By:HARIOM Signing Date:19.05.2022 11:30:28