Mohd Hanif v. State NCT Of Delhi
$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 154/2024 MOHD HANIF ..... Petitioner Through:
Ms. Sumati Anand & Mr. Sandesh Kumar, Advocates.
versus STATE NCT OF DELHI ..... Respondent Through:
Mr. Manoj Pant, APP for the State with S.I.
Atul Prabhakar, P.S.:
Sunlight Colony.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 12.01.2024 CRL.M.A. 1206/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
BAIL APPLN. 154/2024 3.
The instant application under Section 438 of the Code of Criminal Procedure, 1973 has been filed on behalf of the petitioner seeking anticipatory bail in FIR bearing No. 404/2023, registered at Police Station Sunlight Colony, Delhi, for offences punishable under Sections 307/147/148/149/34 of the Indian Penal Code, 1860 ('IPC'). 4.
Issue notice. learned APP accepts notice for the State. 5.
The brief facts are that when the alleged incident had happened, the applicant was not present at the site. It is stated that the applicant was at home alongwith his wife and daughter, which is confirmed by the CCTV The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
footage of RWA. The same also discloses the applicant and his wife coming out their house barefoot. It is stated that the applicant could not have been at the place of incident and also at his house, at the same time. Therefore, the same had resulted into the present complaint and the FIR registered pursuant to the same.
6.
It is also stated that the anticipatory bail filed by the applicant was dismissed before the learned Additional Sessions Judge, South East, Saket on 05.01.2024.
7.
Keeping in view all the facts and circumstances mentioned hereinabove, this Court is inclined to grant anticipatory bail to the petitioner on his furnishing personal bond in the sum of Rs.10000/- with one surety of the like amount to the satisfaction of the SHO/I.O concerned on the following terms and conditions:
i) The applicant shall remain available on mobile numbers; shared by him with the Police. ii) The applicant shall not leave NCT of Delhi without prior permission of the concerned IO/SHO.
iii) The applicant shall not directly or indirectly make an attempt to influence the witnesses or tamper with the evidence in any manner.
iv) In case of change of residential address/contact details, the applicant shall promptly inform the same to the concerned I.O/SHO.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
7.
The petitioner shall join investigation tomorrow, i.e. 13.01.2024. 8.
The bail application stands disposed of.
9.
The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 12, 2024/at Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.