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High Court of DelhiBAIL APPLN./705/2020

Ankit Khatri v. The State (NCT Of Delhi)

2020-05-01Hon'Ble Ms. Justice Asha Menon3 pages

$~VC-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. No.705/2020, Crl. M.A. No.6057/2020 ANKIT KHATRI ..... Petitioner Through:

Mr. Bhanu Kathpalia, Advocate versus THE STATE (NCT OF DELHI) ..... Respondent Through:

Mr.Mukesh Kumar, APP

CORAM:

HON'BLE MS. JUSTICE ASHA MENON

O R D E R

% 01.05.2020 Crl. M.A. No. 6057/2020 (Early hearing and for grant of interim bail) 1.

The present application has been filed for seeking early hearing of the main bail application i.e. Bail Appln.705/2020. 2.

The application is allowed and with the consent of the parties, the Bail Appln.705/2020 is taken up for consideration today. 3.

The application stands disposed of.

BAIL APPLN. No.705/2020 1.

Issue notice.

2.

Learned APP for the respondent/State accepts notice. 3.

Sh. Kathpalia, learned counsel for the applicant submits that there are four accused persons in FIR No.331/2019 under Sections 307/452/323/324/ 201/34 of the IPC registered at P.S. Alipur, Delhi and that two of the co-accused persons, namely, Deepak and Sachin Dahiya have been granted

bail on 06.02.2020 by this court and the third co-accused, namely, Krishan has been granted bail by this court on 17.02.2020, subject to certain conditions. Learned counsel submits that on the ground of parity, the present applicant, who has been in custody since 21.08.2019, be also released on bail.

4.

Sh.Mukesh Kumar, learned APP for the respondent/State submits that he has been given only the copy of the early hearing application and therefore, he needs time for verifying the existence of the alleged compromise between the parties, which is also one of the reasons for seeking bail, and also to file the Status Report. 5.

Having considered the submissions made by both sides, this Court is not inclined to adjourn the matter. The bail application is considered and disposed of on the same terms and conditions as recorded in the orders dated 06.02.2020 and 17.02.2020, namely, that the applicant shall furnish a personal bond in the sum of Rs. 25,000/- with one surety of the like amount and subject to the following conditions: - (i) The petitioner will not directly or indirectly make any inducement, threat or promises to the complainant/victim or any witness during the trial or tamper with the evidence. (ii) The petitioner shall provide the I.O./SHO P.S. Alipur with his mobile phone/landline number and residential address and in the event of change of the same, shall inform the I.O./SHO.

(iii) The petitioner shall not leave the jurisdiction of the NCT of Delhi without prior permission of the concerned court. (iv) The petitioner will remain regularly present before the

trial court.

6.

In view of the fact that there is lockdown in place, the personal bond shall be furnished by the applicant to the satisfaction of the concerned Jail Superintendent and the surety shall be furnished to the satisfaction of the concerned I.O./SHO, P.S. Alipur, who shall endeavour to reach the home of the surety to accept the surety bond in view of the lockdown and measures of social distancing that are in place.

7.

Before the applicant is released from jail, the Jail Superintendent shall get him tested for COVID-19 to rule out infection. 8.

With the above directions, the bail application is disposed of. ASHA MENON, J MAY 01, 2020 Sm/s