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High Court of DelhiBAIL APPLN./1293/2020

Laloo Yadav v. State (NCT Of Delhi)

2020-07-10Hon'Ble Ms. Justice Prathiba M. Singh2 pages

SINDHU KRISHNAKUMAR 10.07.2020 21:01 $~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1293/2020, CRL.M. (BAIL) 7435/2020 & CRL. M.As 7789-90/2020 LALOO YADAV ..... Petitioner Through:

Mr. Shyamal Kumar, Advocate versus STATE (NCT OF DELHI) ..... Respondent Through:

Ms. Meenakshi Chauhan, APP.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 10.07.2020 1.

This hearing has been held through video-conferencing. 2.

The Petitioner - Mr. Laloo Yadav seeks regular bail in this matter. The Petitioner, who is a rehdi wala, has been accused of offences under Sections 302/34 of the IPC. The death of the victim occurred on 17th/18th December, 2014 on which date a fight is said to have erupted because of which the deceased was allegedly hit by the Petitioner and he passed away. 3.

Regular bail is sought on the ground that all the public witnesses have been examined and thus, there is no chance of the Petitioner affecting the trial in any manner. Mr. Shyamal Kumar, Ld. Counsel has argued that the deceased's brother himself has not supported the case of the prosecution and thus the Petitioner is entitled to regular bail. 4.

The bail application is opposed by the ld. APP on the ground that the Petitioner remained absconding for a period of five years and it was only in 2019 that he was arrested by the Police. She submits that the trial has By:PRATHIBA M SINGH

already been delayed because of the Petitioner not surrendering and further, that the Petitioner is a permanent resident of Bihar and is only living on rent in Delhi.

5.

This Court has perused the nominal roll and the status report. The nominal roll shows that the Petitioner was taken into custody on 12th April, 2019. Admittedly, the incident is of 17th/18th December, 2014. The Petitioner was a proclaimed offender for a period of almost five years and is a permanent resident of Bihar.

6.

This Court is of the opinion that the Petitioner poses a serious flight risk and since he has only been in custody for approximately 14 months and the trial of the case is still continuing, this is not a fit case for grant of interim or regular bail.

7.

The bail application is accordingly rejected at this stage. All pending applications are also disposed of.

PRATHIBA M. SINGH, J JULY 10, 2020 Rahul/T By:PRATHIBA M SINGH