Sahil v. State Govt. Of NCT Delhi

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SAHIL ....Petitioner Through:

Mr. Vishal Singh, Advocate.

versus STATE GOVT. OF NCT DELHI .....Respondent Through:

Ms. Manjeet Arya, APP for the State SI Rakesh, P.S. Sangam Vihar.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 20.02.2025 CRL.M.A. 5545/2025 (exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.

By way of the present petition filed under section 483 read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks grant of interim bail for a period of 30 days in case FIR No.0005/2025 dated 06.01.2025 registered under section 109(1)/3(5) of the The Bharatiya Nyaya Sanhita, 2023 ('BNS') and sections 25/27 of the Arms Act, 1959 at P.S.: Sangam Vihar, Delhi on the ground that he as well as his brother are getting married on 25.02.2025.

2.

Mr. Vishal Singh, learned counsel appearing for the petitioner submits that though the marriage was fixed sometime in December 2024, the subject FIR came to be registered only on 06.01.2025. Learned counsel submits that the petitioner has been falsely implicated in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

case and that he should be granted interim bail for his marriage which had been arranged before the subject FIR was filed. 3.

Mr. Singh submits that, the factum of marriage and the booking of the venue have already been verified by the Investigating Officer ('I.O.') as reflected in by the Additional Status Report dated 13.02.2025 filed before the learned Trial Court.

4.

Issue notice.

5.

Ms. Manjeet Arya, learned APP appears for the State on advance copy; accepts notice; and submits that the petitioner is involved in gang warfare and has 03 other criminal cases pending against him of similar nature. Ms. Arya submits that in view of the nature of the offence, it is very likely that the petitioner may engage in further violence and gang rivalry if admitted to interim bail. 6.

Upon an overall consideration of the matter, and in particular, the fact that the petitioner's impending marriage on 25.02.2025 has already been verified in the response filed by the I.O. before the learned trial court, this court is persuaded to grant to the petitioner - Sahil s/o Shabuddin - interim bail from 24.02.2025 till 28.02.2025 subject to the following conditions :

6.1. The petitioner shall furnish a personal bond in the sum of Rs.25,000/- (Rs. Twenty-five Thousand Only) with 02 sureties in the like amount from a family member, to the satisfaction of the Jail Superintendent;

6.2. The petitioner shall not leave the State of Delhi without permission of the court and shall ordinarily reside at the address as mentioned in the petition;

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.3. The petitioner shall furnish to the Investigating Officer/S.H.O P.S.: Sangam Vihar, Delhi a cell-phone number on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched-on at all times; 6.4. If the petitioner has a passport, he shall surrender the same to the Jail Superintendent and shall not travel out of the country without prior permission of this court;

6.5. The petitioner shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other persons acquainted with the facts of case. The petitioner shall not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial; and 6.6. The petitioner shall surrender before the Jail Superintendent on 01.03.2025.

7.

Nothing in this order shall be construed as an expression of opinion on the merits of the pending matter.

8.

A copy of this order be sent to the concerned Jail Superintendent forthwith.

9.

The petition stands disposed-of.

10.

Other pending applications, if any, are also disposed-of. ANUP JAIRAM BHAMBHANI, J FEBRUARY 20, 2025/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.