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Delhi High Court - Orders

Chetan Kumar vs The State (Govt. Of Nct Of Delhi) on 10 August, 2020

Author: Najmi Waziri

Bench: Najmi Waziri

$~11
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    BAIL APPLN. 1218/2020
     CHETAN KUMAR                                        .....Petitioner
                 Through:             Mr Nitin Mehta, Advocate.

                         versus

     THE STATE (GOVT. OF NCT OF DELHI)         ..... Respondent
                   Through: Mr G.M. Farooqui, APP for State.
                              .
     CORAM:
     HON'BLE MR. JUSTICE NAJMI WAZIRI
                   ORDER

% 10.08.2020 The hearing was conducted through video conferencing.

1. The petitioner seeks regular bail in case FIR No.374/2019 under sections 307/174A/34 IPC and 27 of Arms Act registered at Police Station Govindpuri, New Delhi.

2. The petitioner is one of three accused persons in the present FIR, the other two co-accused are stated to have already been enlarged on bail. The charge-sheet is stated to have been filed and the evidence is to be recorded. It is the petitioner's case is that he has been falsely implicated at the instance of the complainant. He has no past criminal antecedents except for the present FIR. His medical condition is acute inasmuch as congenitally he has only one kidney, he suffers from renal disease and constant urinary difficulty. He has been undergoing treatment at the Batra Hospital, New Delhi.

3. In the circumstances, the petitioner is granted bail, on his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the Duty MM/Jail Superintendent concerned, subject to the following conditions:

(i) The petitioner shall keep the SHO/IO concerned informed of his whereabouts every Friday between 11:00 a.m. and 11:30 a.m. through video call and if a video call is not possible, he may send SMS apropos his whereabouts, as well as "drop-a-

pin" on location app to indicate his location. The IO's telephone number shall be provided to the learned counsel for the petitioner.

(ii) The petitioner shall not leave the territory of NCT of Delhi.

(iii) The petitioner shall not contact the complainant(s) in any manner and shall not do anything which will prejudice the case of the prosecution.

(iv) The petitioner shall provide his contact number to the IO/SHO concerned and shall ensure that such number is reachable at all times.

4. The bail application stands disposed-off in terms of the above.

5. Nothing stated in this order shall be deemed to be an adjudication on the merits of the case.

6. The Registry is directed to e-mail a copy of this order to the Jail Superintendent concerned for due compliance.

7. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through email.

NAJMI WAZIRI, J AUGUST 10, 2020/rd