Delhi High Court - Orders
Ashu vs State Of Nct Of Delhi on 21 July, 2022
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 907/2022
ASHU ..... Petitioner
Through: Mr Sidharath Kapoor, Adv.
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr Aashneet Singh, APP for State
SI Amandeep Rana, PS-Mundka
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 21.07.2022
1. This is a petition seeking regular bail under Section 439 Cr.P.C in FIR No. 313/2019, under Sections 394/397/411/34 IPC & Sections 25 Arms Act, registered at Police Station-Mundka, Delhi.
2. As per the allegations in the FIR, it is against three boys. It is stated that the complainant was coming from his duty/job when three boys on a motorcycle stopped him in his way. One of the boys caught hold of the complainant and the other stabbed the complainant with a knife on his left waist and also on the thigh and stole his mobile phone.
3. It is submitted by Mr Sidharath Kapoor, learned counsel appearing for the petitioner that the petitioner has been falsely implicated in the FIR No. 313/2019. He states that except the disclosure statement of the co-accused, there is nothing linking the petitioner to the alleged incident. He states that all the accused persons have refused TIP. He further states that the petitioner Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:21.07.2022 18:51:39 has been in judicial custody since 11.10.2019 and charge sheet has already been filed.
4. Mr Aashneet Singh, learned APP states that there is a knife which has been recovered from the petitioner which has been sent to the FSL and the result is awaited.
5. The petitioner is in judicial custody since 11.10.2019, the charge sheet has already been filed and till date not a single witness has been examined in the present case. It seems that the trial in the present case is likely to take considerable time.
6. For the above said reasons, I am of the view that the petitioner needs to be enlarged on bail subject to the following terms and conditions:
(a) The petitioner shall furnish a personal bond in the sum of Rs. 10,000/-
(Rupees Ten Thousand only) with 01 surety in the like amount, to the satisfaction of the trial Court;
(b) The petitioner shall not leave the country and if the petitioner has a passport, he shall surrender the same to the Jail Superintendent;
(c) The petitioner shall present himself before the Investigating Officer, every Monday between 11 am and 11:30 am to mark his presence. However, he will not be kept waiting longer than an hour for this purpose;
(d) The petitioner shall furnish to the IO/SHO concerned his cellphone number on which the applicant may be contacted at any time and shall ensure that the number is kept active and switched-on at all times;
(e) The petitioner shall not indulge in any act or omission that is unlawful or that would prejudice the proceedings in pending cases, if any;
Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:21.07.2022 18:51:39(f) The petitioner or his family members/relatives/friends will not contact or try to intimidate the complainant or his family or any of the witnesses in anyway.
The petition is disposed of accordingly.
7. Nothing stated hereinabove shall tantamount to an expression of opinion on the merits of the case.
JASMEET SINGH, J JULY 21, 2022 sr Click here to check corrigendum, if any Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:21.07.2022 18:51:39