Siddi v. State NCT Of Delhi
$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 997/2024 SIDDI ..... Petitioner Through:
Mr. Amitabh Kumar, Mr. Pappu Singh, Ms. Bandana Kumari and Mr.
Santosh Kumar Jha, Advocates.
versus STATE NCT OF DELHI ..... Respondent Through:
Mr. Laksh Khanna, APP for State with SI Jatin Kaushk PS Raj Park, Delhi.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 17.05.2024 1.
By way of present application filed under Section 439 read with Section 482 Cr.P.C., the petitioner/applicant seeks regular bail in FIR No. 613/2023 registered under Sections 307/34/120B IPC and 25/27 Arms Act at Police Station Raj Park, Delhi.
2.
Learned counsel for the applicant states that as per the prosecution case, the incident pertains to 24.09.2023 when Ramdhan and Updesh were allegedly injured by the present applicant and one Sanjeet. He further states that as per the prosecution case, the role assigned to the applicant is of causing injuries to Ramdhan. However, as per the subsequent opinion of the doctor, it has been opined that the injuries caused to Ramdhan could not have possibly been caused by the knife statedly recovered at the instance of the applicant. He further states that the injuries have been opined to be simple in nature and further that the applicant is not involved in any other case. Lastly, it is stated that a cross complaint has been registered as an FIR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
at the behest of the present applicant against the complainant. 3.
The bail is vehemently opposed by the learned APP for the State who states that the applicant had caused multiple knife injuries on the person of the injured/Ramdhan and that charge has been framed. He further states that the injured witnesses are yet to be examined. He, however, on instructions from the IO, states that the applicant is not found involved in any other case and that the co-accused Sanjeet has already been released on regular bail. 4.
Considering the totality of the facts and circumstances including the fact that the injuries have been opined to be simple in nature, the applicant has been in custody since 25.09.2023, and the fact that he is not stated to be involved in any other case, it is directed that the applicant be released on regular bail subject to his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/concerned Court/Duty M.M. and subject to the following further conditions :- i) The applicant shall not leave the NCR without prior permission of the concerned Court.
ii) The applicant shall provide his mobile number to the Investigating Officer on which he will remain available during the pendency of the trial.
iii) In case of change of residential address or contact details, the applicant shall promptly inform the same to the concerned Investigating Officer as well as to the concerned Court. iv) The applicant shall not directly/indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the evidence.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
v) The applicant shall regularly appear before the concerned Court during the pendency of the trial.
5.
The bail application is disposed of in the above terms. 6.
Copy of the order be communicated to the concerned Jail Superintendent electronically for information. 7.
Copy of the order be uploaded on the website forthwith. 8.
Needless to state that nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have a bearing on the trial of the case as the same has been expressed only for the purpose of the disposal of the present bail application.
DASTI.
MANOJ KUMAR OHRI, J MAY 17, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.