Pradeep Kumar v. State

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 84/2019 PRADEEP KUMAR ..... Petitioner Through: Mr. Vivek Sood, Sr. Adv. with Mr.

Pramod Tyagi, Adv.

versus STATE ..... Respondent Through: Mr. Tarang Srivastava, APP with SI P.R. Hudda, P.S. Dwarka, Sector 23.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 23.01.2019 The petitioner seeks bail. He is accused of assaulting a police officer while intoxicated. Denying the same, the learned counsel for the petitioner submits that indeed the petitioner was assaulted by the police and he had called the police at Emergency no. 100. This is so recorded in the Chargesheet that he had called the police at number 100. The allegation that he tried to shoot the police officers from his licensed gun would be the subject matter of trial and appreciation of evidence. The petitioner runs a courier company and has no criminal antecedents. He further contends that if version of the police is to be believed that the petitioner was assaulted by the public at mid-night, then, at least one of the persons, who had assaulted him in the presence of the police, should have been included in the investigation and thereafter named somewhere in the Charge-sheet. But it has not traces of a public witness. In view of the above, the petitioner is granted bail in the present case on his furnishing a personal bond in the sum of Rs.50,000/- with one surety

in the like amount to the satisfaction of the Trial Court concerned, subject to the following conditions:

(i) the petitioner will regularly appear on each and every date of hearing to be fixed by the Trial Court concerned;

(ii) the petitioner will not try to influence, contact or meet the complainant and prosecution witnesses in any manner; (iii) the petitioner will not leave the country without prior permission of the Court and the passport, if any, shall be deposited with the Trial Court concerned; and (iv) in case of change of his new address or contact number, the petitioner will promptly intimate to the SHO/IO of the case and intimate the Trial Court.

The petition stands disposed-off in the above terms. Nothing stated in this order shall be deemed to be an adjudication on the merits of the case.

A copy of this order be given dasti to the learned counsel for the petitioner under the signature of the Court Master. NAJMI WAZIRI, J JANUARY 23, 2019/acm