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High Court of DelhiBAIL APPLN./258/2020

Aman v. State

2020-02-19Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 258/2020 AMAN ..... Petitioner Through:

Mr Amit Rao, Advocate.

versus STATE ..... Respondent Through:

Mr Amit Gupta, APP for State.

Inspector Ram Niwas and SI B.

Kumar, PS Nabi Karim.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 19.02.2020 1.

The petitioner has filed the present petition seeking bail in connection with FIR No. 0271/2019 under Sections 380/308/323/34 of the IPC registered with PS Nabi Karim.

2.

A status report has been filed which indicates that two of the victims had suffered grievous injuries.

3.

It is stated that the petitioner was residing with the family members on the second floor of a premises described as Property No. 10394, Law Fateh Chand Marg, Gali No. 13, Multani Dhanda, Paharganj, Delhi) and the incident had occurred when the complainants had come to the site to carry out some activities in the office, which is located on the first floor on the same premises.

4.

It is also stated that the complainant (the petitioner's landlord) had

filed a Civil Suit bearing no. 95838/2016 against the petitioner and his family members and the same was decreed in his favour. The petitioner states that an appeal against the said decision is pending. 5.

The complainant had also alleged that the petitioner had removed his goods from the premises in addition. There is also an allegation that one of the assailants had attacked the complainant with a knife resulting in him suffering injuries.

6.

The status report indicates that the trial has commenced and the next date is fixed on 27.02.2020. The material witnesses are yet to be examined. 7.

Considering the gravity of the offence and considering that the material witnesses have not been examined as yet, this Court does not consider it apposite to entertain the present petition at this stage. The same is dismissed.

8.

The petitioner is granted liberty to apply afresh after evidence of the material witnesses for the prosecution has been recoded. VIBHU BAKHRU, J FEBRUARY 19, 2020 RK