Farid v. State Of NCT Of Delhi

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 744/2024 FARID ..... Petitioner Through:

Mr. Pulkit Jain, Ms. Alisha, Ms.

Anjali Kumari and Mohd. Anas Ansari, Advs.

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

Mr. Raghuinder Verma, APP for State with Insp. Shrichand PS Timarpur

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN % 06.03.2024

O R D E R

CRL.M.A. 6633/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

BAIL APPLN. 744/2024 3.

The present petition has been filed seeking regular bail in connection with FIR No.198/2023 under Sections 307/34 IPC registered at PS Timarpur, Delhi.

4.

The brief facts of the case are that the aforesaid FIR was registered at the instance of injured Satya Prakash, wherein he alleged that on 09.04.2023 at around 09.40 p.m. when was parking his scooty on roadside at Patrachar, Lunknow Road, Timarpur Delhi, the accused Farid who runs his roadside shop of cutting and selling chicken with the help of his two sons namely, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Shoaib and Nazim opposed to the parking of scooty of the complainant, which led to an argument between them and the accused Farid (petitioner herein), started abusing the complainant and told his son that the complainant is not mending his ways, therefore, let us finish him today. Thereafter the sons of accused Farid namely, Shoaib and Nazim caught the complainant and struck the complainant with a sharp edged weapon as a result of which complainant got injured.

5.

Issue notice. Learned APP for the State accepts notice. 6.

Learned counsel for the petitioner submits that during the pendency of the proceedings the parties have arrived at a settlement. He invites the attention of the Court to the order dated 18.01.2024 in CRL.M.C. 394/2024 in which the prayer has been made for quashing of the FIR on the ground that the parties have arrived at a settlement. It is recorded in the order dated 18.01.2024 that the complainant / injured who was present before the Court on the said date had affirmed the fact that settlement had been arrived at between him and the accused party including the petitioner herein. 7.

He further stated that he has no objection in case the aforesaid FIR is quashed.

8.

On instructions, the learned APP affirms the fact that the co-accused have already been granted bail by this Court and the complainant / injured had stated that he has no objection in case the FIR is quashed. 9.

Considering the statement of the complainant and the fact that two coaccused, who happens to be the sons of the present petitioner have already been granted bail vide order dated 09.02.2024 passed in BAIL APPLN. 490/2024 by this Court and vide order dated 22.02.2024 passed by the learned ASJ in SC No. 447/2023, the petitioner is admitted to regular bail The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

subject to his furnishing personal bond in the sum of Rs. 25,000/- and a Surety Bond of the like amount to the satisfaction of the learned Trial Court/CMM/Duty Magistrate, further subject to the following conditions:- a) Petitioner shall appear before the Court as and when the matter is taken up for hearing.

b) Petitioner shall provide his permanent address, as well as, his mobile number to the IO concerned. The mobile number shall be kept in working condition at all times and he shall not change the mobile number without prior intimation to the Investigating Officer concerned.

c) Petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the complainant. 10.

The petition stands disposed of.

11.

Copy of the order be forwarded to the concerned Jail Superintendent for information and necessary compliance.

12.

Order dasti under signatures of the Court Master. 13.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J MARCH 6, 2024 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.