Subroto Bera @ Bachhu vs State on 3 March, 2022

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Delhi High Court - Orders

Subroto Bera @ Bachhu vs State on 3 March, 2022

Bench: Chandra Dhari Singh

                             $~7
                             *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +     BAIL APPLN. 4325/2021
                                   SUBROTO BERA @ BACHHU                              ..... Petitioner
                                                      Through:     Mr. Vikas Padora and Mr. Dipanshu
                                                                   Chugh, Advocates
                                                      versus

                                   STATE                                             ..... Respondent
                                                      Through:     Ms. Kusum Dhalla, APP with SI
                                                                   Mohit Asiwal, P.S. Karol Bagh
                                   CORAM:
                                   HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
                                           ORDER

% 03.03.2022 CRL.M.A. 4061/2022 By way of this application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C."), the applicant/petitioner seeks to amend/modify the prayer clause of the captioned petition. The Amended Prayer Clause is annexed herewith as Annexure A-1.

The application is allowed and amended prayer is taken on record. Accordingly, the application stands disposed of.

BAIL APPLN. 4325/2021

1. By way of this bail application filed under Section 439 read with Section 482 of the Cr.P.C the petitioner seeks regular bail in FIR bearing No.221/2015 registered at Police Station Karol Bagh for offences punishable under Sections 302/394/397/34 of Indian Penal Code, 1860 (hereinafter "IPC") and 27 of Arms Act.

2. As per the prosecution case, on 3rd March 2015, the incident of firing and theft took place at House No. 3077, 4th Floor, Gali No. 37, Bedan Pura, Signature Not Verified Digitally Signed By:GAURAV SHARMA BAIL APPLN. 4325/2021 Page 1 of 3 Signing Date:03.03.2022 18:04:17 Karol Bagh, Delhi. The present petitioner and one Babu Belel were arrested on the basis of disclosure statement of co-accused Bablu Mathur. It is submitted that co-accused Bablu Mathur, Ankit Aggarwal and Ajay Kumar are on interim bail and Babu Belel is on regular bail. It is therefore, prayed that on the ground of parity, the present petitioner may also be released on bail as the role assigned to him is similar to that of Babu Belel. The investigation in the matter has been completed and charges have been framed against the present petitioner under Section 395/412/120B of the IPC.

3. Per Contra, learned APP for the State vehemently opposed the instant petition and submitted that the petitioner is involved in heinous offence of robbery and murder and from his possession 3 gold necklaces were recovered. Therefore, looking at the seriousness and nature of offence, the petitioner does not deserve any leniency and petition is liable to be dismissed. However, learned APP has fairly conceded that the role assigned to the petitioner is similar to that of the accused enlarged on regular bail.

4. Heard learned counsel for the parties and perused the record.

5. I have perused the FIR. It is an admitted fact that the petitioner was arrested on the basis of disclosure statement of his co-accused Bablu Mathur, who is on interim bail and the other co-accused Babu Belel named alongwith the petitioner has already been enlarged on bail. Keeping in view the contentions and the arguments advanced by the learned counsel for the parties and the fact the co-accused has already been granted bail, this Court is inclined to allow the instant petition seeking regular bail on the ground of parity. It is accordingly directed that the petitioner be released Signature Not Verified Digitally Signed By:GAURAV SHARMA BAIL APPLN. 4325/2021 Page 2 of 3 Signing Date:03.03.2022 18:04:17 on bail on his furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with solvent surety of like amount to the satisfaction of the Jail Superintendent/Trial Court subject to the conditions as follows:-

(a) he shall under no circumstances leave India without prior permission of the Court concerned;

(b) he shall appear before the Court concerned as and when required;

(c) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;

(d) he shall provide his mobile number(s) and keep it operational at all times;

(e) he shall commit no offence whatsoever during the period he is on bail;

(f) in case of change of residential address and/or mobile number, the same shall be intimated to the Court concerned by way of an affidavit; and

(g) he shall report to the jurisdictional Police Station of on 15th day of every calendar month.

6. Accordingly, the petition stands disposed of.

7. Copy of this order be sent to Jail Superintendent for compliance.

CHANDRA DHARI SINGH, J MARCH 3, 2022 Aj/ms Signature Not Verified Digitally Signed By:GAURAV SHARMA BAIL APPLN. 4325/2021 Page 3 of 3 Signing Date:03.03.2022 18:04:17

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Delhi High Court - Orders