Delhi High Court - Orders
Chetan @ Goli vs State on 29 September, 2020
Author: Anu Malhotra
Bench: Anu Malhotra
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. No.2693/2020.
CHETAN @ GOLI ..... Petitioner
Through: Mr.Ajay M. Lal, Advocate
versus
STATE .... Respondent
Through: Mr.Ashok Kumar Garg, APP for State
with Inspector Rajesh Kumar.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 29.09.2020 (Hearing through Video Conferencing) The applicant vide the present application seeks the grant of anticipatory bail in relation to FIR No. 178/2020, Police Station Subzi Mandi under Sections 307/308/34 of the Indian Penal Code, 1860 and under Sections 25/27/54/59 of the Arms Act, 1959 submitting to the effect that he has not been named in the FIR .
At the outset a submission has been made on behalf of the State that the charge sheet in the matter has been submitted and that the charge sheet has been filed without the recovery of the weapon of offence.
It is submitted on behalf of the applicant that the printout of the CCTV footage that has been submitted with the status report by the State dated 18.9.2020 shows the petitioner allegedly on a scooty with other co-accused at 5:20 p.m. whereas, the incident is stated to be of Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:29.09.2020 23:34 around 4:00 p.m. and that the same itself falsifies the version of the prosecution and the complainant.
Without any observations on the merits or demerits of the case taking into account the several previous adverse antecedents against the applicant as brought forth through the status report of the State dated 18.9.2020 as per which the applicant is alleged to have been involved in FIR 315/13 Police Station Kashmiri Gate under Sections 394/34 of the Indian Penal Code, 1860 and case FIR No. 131/14 Police Station Kashmiri Gate under Sections 186/224/225/332/353/34 and case FIR No. 118/2020 under Sections 323/341/336/34 of the Indian Penal Code, 1860 and under Sections 25/27/54/59 of the Arms Act, 1959 Police Station Kotwali, with the submissions made on behalf of the State that the applicant had allegedly fired on the injured /complainant and had also not joined the investigation of the case which he is stated to have joined pursuant to the order dated 16.9.2020, taking into account the factum that as per the status report submitted by the State dated 18.9.2020 it has been mentioned that the custodial interrogation of the applicant is required to recover the pistol which was used in the crime and taking into account the submissions made by the State that the charge sheet in the matter has been filed, it is essential to peruse the copy of the charge sheet before proceeding, copy of which be placed on record by the State. The matter be renotified for the date 5.11.2020 till which date the interim order dated 16.09.2020 shall continue.
ANU MALHOTRA, J SEPTEMBER 29, 2020/SV Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:29.09.2020 23:34