Delhi High Court - Orders
Salman vs The State (Nct Of Delhi) on 2 May, 2022
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1085/2022
SALMAN ..... Applicant
Through: Mr. M. Rais Farooqui, Advocate
versus
THE STATE (NCT OF DELHI) ..... Respondent
Through: Mr. Raghuvinder Varma, APP with
SI Sachin Dev Dangi, P.S. Nand
Nagri
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 02.05.2022
1. The instant bail application under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C.") has been filed on behalf of the applicant seeking grant of bail in FIR bearing No. 301/2021 registered at Police Station Nand Nagri for offences punishable under Sections 307/34 of the Indian Penal Code, 1860 (hereinafter "IPC").
2. Learned counsel for the applicant submitted that the applicant is a student of B.A., at the School of Open Learning, University of Delhi and he has already passed 2nd year examination. The Statement of Marks of both years is annexed herewith as Annexure A-6. It is also submitted that applicant has not committed any offence as alleged in the FIR. Further, that the applicant is an innocent person and has been falsely implicated in the case. The applicant is languishing in jail since 25th May 2021 i.e. for almost Signature Not Verified Digitally Signed By:DAMINI YADAV BAIL APPLN. 1085/2022 Page 1 of 4 Signing Date:02.05.2022 14:32:06 an year. It is argued on behalf of the applicant that nothing has been recovered from the possession of the applicant and the knife which was recovered from the spot of crime was of the co-accused Moinuddin @ Munna.
3. On query made by this Court, learned counsel informed that applicant in involved in one more criminal case bearing FIR No. 241/2021 registered at Police Station Nand Nagri for an offence punishable under Sections 324/34 of IPC, wherein he has already been released on bail by the police being bailable offence.
4. On instructions, learned counsel undertakes that the applicant shall abide by any condition imposed by this Court while granting bail. After completion of investigation in the present case, chargesheet has been filed in August 2021 and there is no requirement of his custodial interrogation. Hence, it is prayed that the applicant may be released on bail.
5. Per Contra, Mr. Raghuvinder Varma, learned APP for State vehemently opposed the bail application and submitted that the present applicant is habitual offender as one more case is pending against him in the same Police Station. The injuries sustained by the injured are on the vital part of the body, i.e. stomach. It is further submitted by learned APP that the role assigned to the applicant is of giving knife blow to the victim. Looking at the injures of the victim as well as the criminal history, Mr. Varma submitted that the applicant is not entitled to the concession of bail by this Court.
6. Heard learned counsel for the parties and perused the record.
7. I have perused the contentions made in the application, status report as well as the injury report. The injury is grievous in nature and that too on Signature Not Verified Digitally Signed By:DAMINI YADAV BAIL APPLN. 1085/2022 Page 2 of 4 Signing Date:02.05.2022 14:32:06 the vital part of the body. The specific role has also been assigned to the applicant by the prosecution. But it is an admitted position that knife which is alleged used in the crime has not been recovered from the applicant and the same was recovered from the co-accused. It is also not denied by the prosecution that the applicant is a student at the School of Open Learning and is currently in his 3rd year. After completion of investigation the chargesheet has been filed before the Court concerned. The applicant has been languishing in jail for almost one year.
8. Keeping in view the contentions raised and the arguments advanced by the learned counsel for the parties and the young age of the applicant, this Court is inclined to allow the instant application seeking regular bail. It is accordingly directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Thousand only) with two sureties 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 during the period he is on bail;Signature Not Verified Digitally Signed By:DAMINI YADAV BAIL APPLN. 1085/2022 Page 3 of 4 Signing Date:02.05.2022 14:32:06
(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 Nand Nagri on 15th day of every calendar month.
9. Accordingly, the bail application stands disposed of.
10. Copy of this order be sent to Jail Superintendent for compliance.
11. It is made clear that any observations touching merits of the case are purely for the purpose of deciding the question of grant of bail by this Court and shall not be construed as an expression of final observation in the proceedings pending before Trial Court.
CHANDRA DHARI SINGH, J MAY 2, 2022 Aj/@k Signature Not Verified Digitally Signed By:DAMINI YADAV BAIL APPLN. 1085/2022 Page 4 of 4 Signing Date:02.05.2022 14:32:06