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High Court of DelhiBAIL APPLN./380/2019

Dilshad v. State

2019-02-14Hon'Ble Mr. Justice R.K.Gauba2 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 380/2019 & Crl.M.A. 3353/2019 DILSHAD ..... Petitioner Through:

Mr. Mukesh Kumar & Mr. Sanjay Tripathi, Advs.

versus STATE ..... Respondent Through:

Mr. Amit Ahlawat, APP for the State.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 14.02.2019 The petitioner is facing trial in sessions case no. 155/2018 arising out of first information report (FIR) no. 06/2018 of police station Khyala, the charge framed against him being for offences under Sections 393/394/398/307 IPC and 25 Arms Act. Two witnesses both victims, they being Krishna (PW-1) and Kuldeep (PW-2) have testified affirming the prosecution case indicating that the petitioner had entered the house of PW-1 presumably to attempt commit robbery and when he was confronted by PW1, the petitioner attacked her with knife causing injuries to her neck and also made an attempt to snatch her gold ear rings, he also having attacked PW-2 when the latter came on the scene.

In these circumstances, it cannot be said that the case against the petitioner is wholly unfounded. It is noted that the counsel who drafted the BAIL APPLN. 380/2019

present petition has made an attempt to down play the gravity of the case by referring only to offences under Sections 392/397/307 IPC. This kind of practice cannot be approved of.

The petition for release on bail and the application filed therewith at this stage of the process is dismissed.

R.K.GAUBA, J FEBRUARY 14, 2019 nk BAIL APPLN. 380/2019