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High Court of DelhiBAIL APPLN./555/2024

Mike v. The State (Govt. Of NCT, Delhi)

2024-04-03Hon'Ble Mr. Justice Amit Sharma2 pages

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 555/2024 MIKE .....Petitioner Through:

Ms. Afshan, Mr. Moin Akhtar & Mr.

Mohsin Khan, Advs.

versus THE STATE (GOVT. OF NCT, DELHI) .....Respondent Through:

Ms. Shubhi Gupta, APP for the State.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 28.01.2025 1.

This hearing has been done through hybrid mode. CRL.M.A. 2637/2025 2.

The present application under Sections 484 read with Section 528 of the BNSS read with Section 482 of the Cr.P.C. seeks the following prayers:- "(A) Modify the impugned bail order dated 03.04.2024 passed by the Hon'ble High Court of Delhi thereby granting bail to the petitioner in FIR No.31 of 2015 PS : Crime Branch titled State Vs Mike, inasmuch as to release on personal bond or reduction of the bail bond amount from Rs.1,00,000/- to Rs.5,000/- as petitioner is totally unable to arrange bail bond and surety of such a huge amount of Rs.1,00,000/- being very poor person and there is no family member of him that is why it is very hard to furnished the surety of himself by the petitioner, and hardly meet their both ends meet with great difficulties for the petitioner. (B) Pass such order(s) as is deemed fit and proper in the facts and circumstances of this case and in the interests of justice." 3.

Learned counsel appearing on behalf of the applicant submits that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2025 at 12:19:26

despite bail having been granted vide order dated 03.04.2024, the applicant is unable to furnish the surety amount as there is no one to stand surety for him. It is submitted that despite best efforts, the said condition of bail could not be fulfilled. Hence the present application.

4.

Issue notice. Learned APP for the State accepts notice. 5.

In view of the averments made and in the interest of justice, the same is allowed. The applicant has not been able to come out from the judicial custody despite having been granted bail vide order dated 03.04.2024. 6.

Accordingly, the bail order dated 03.04.2024 is modified to the extent that the applicant is directed to be released on bail on his furnishing personal bond for Rs. 5,000/- to the satisfaction of the learned Trial Court/Link Court. The other conditions with regards to the bail remain the same as stated in the order dated 03.04.2024.

7.

The application stands disposed of.

8.

A copy of the order be sent to the concerned Jail Superintendent as well as learned Trial Court for necessary information and compliance. 9.

Order be uploaded on the website of this Court, forthwith. AMIT SHARMA, J JANUARY 28, 2025/nk 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. The Order is downloaded from the DHC Server on 29/01/2025 at 12:19:26