Dhanu @ Aakash @ Deepak v. State

$~42 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 449/2020 DHANU @ AAKASH @ DEEPAK ..... Petitioner Through:

Mr. Harsh Sharma and Mr. Mohit Sharma, Advocates.

versus STATE ..... Respondent Through:

Mr. Amit Ahlawat, APP for the State with SI Pramod Kumar, PS Tigri.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 14.02.2020 Crl. M.A. No. 3411/2020 (for exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

BAIL APPLN. 449/2020 1.

This is a petition under Section ~29 2.

Cr.P.C. for grant of bail in case FIR No. 259/2019 under Sections 308/452/427/147/148/149/506/120B/34 IPC registered at Police Station Tigri, District South, Delhi. 2.

The brief facts of the case are that on 17.09.2019 SI Sachin Pillania was on emergency duty and he received a PCR call from a lady that some goons have come to their home and were beating her. SI Sachin Pillania and HC Yashvir reached the spot and came to

know that injured had been removed to the hospital. They found a broken scooty lying on the street.

Thereafter, SI Sachin Pillani went to the hospital and collected the MLC of the injured. The complainant in her statement stated that on 17.09.2019 at 4:14 P.M. she was attacked by 11/12 goons who were having weapons with them. Attackers had stated that they would kill her as Shanker bail had stated that they have filed case against him. 3.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He is in judicial custody since 22.09.2019, charge sheet has already been filed and injured had been discharged from the hospital on the same day. It is submitted that as per the MLC injuries were simple in nature but blunt.

4.

Learned APP for the State appears on advance notice and accepts notice.

He submits that the accused has trespassed in the house of the complainant and at that time he was having a danda, and he is visible from the CCTV footage collected by the Investigating Officer.

5.

In the facts and circumstances of the case, since charge sheet has already been filed, accused is in judicial custody since 22.09.2019, injured was discharged on the same date with simple injuries, no useful purpose will be served by keeping the petitioner in judicial custody, the petitioner is admitted to bail on his furnishing personal bond in the sum of Rs.20,000/- with one surety in like amount to the satisfaction of the Trial Court, subject to the condition that he shall not indulge in any illegal activities and will not leave

India without prior permission of the court below. 6.

The petition is disposed of accordingly.

7.

A copy of this order shall be transmitted to the trial court as well as the jail authorities.

Dasti.

RAJNISH BHATNAGAR, J FEBRUARY 14, 2020 AK