Rohan v. State Of NCT

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1489/2020 ROHAN ..... Petitioner Through:

Mr Chirag Madan, Ms Ravleen Sabharwal, Mr G. Sai Krishna Kumar and Mr Prakhar Tandon, Advocates.

versus STATE OF NCT ..... Respondent Through:

Mr Amit Gupta, APP for State along with Inspector Rampal, PS Prasad Nagar.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 13.07.2020 [Hearing held through videoconferencing] 1.

The petitioner has filed the present petition seeking interim bail for a period of forty-five days.

2.

The status report has been filed which indicates that the petitioner is being prosecuted pursuant to the FIR bearing No. 423/2015, under Sections 302/201/34 of the IPC registered with Police Station Prasad Nagar. 3.

It is alleged that the petitioner and the accused had quarrelled with one Sh. Harvinder Singh (victim). They had beaten and stabbed him with a sharp weapon. The petitioner was arrested on 18.06.2015 and has been in custody since.

4.

Mr Gupta, learned APP for the State submits that the trial is at the fag end and is likely to be concluded shortly. He further states that the petitioner

is involved in other cases and his conduct in the jail has been reported to be unsatisfactory.

5.

The nominal roll has been filed which indicates that as on 08.07.2020, the petitioner has undergone custody for five years and nineteen days. The petitioner's conduct during the last one year is reported to be satisfactory. Mr Gupta is correct in pointing out that the petitioner's conduct was unsatisfactory but it is seen that last such incident is of 29.09.2018. On that date, the petitioner was found in possession of a prohibited article and was, accordingly, punished by suspending his mulakaat for seven days. 6.

The nominal roll also indicates that the petitioner was involved in another case (FIR No. 58/2015, under Sections 323/341/506 of the IPC registered with Police Station Prasad Nagar), but was acquitted in that case on 25.06.2016.

7.

In view of the above, this Court considers it apposite to allow the present petition. The petitioner shall be released on bail on his furnishing a personal bond in the sum of ₹20,000/- with one surety of an equivalent amount to the satisfaction of the Jail Superintendent. This is also subject to following further conditions:

(a) The petitioner shall provide a contact number and ensure that he is reachable at all times;

(b) The petitioner shall not come within a radius of one kilometre of the residence of the victim; and (c) The petitioner shall not leave the National Capital Territory of Delhi;

and (d) The petitioner shall surrender immediately on or before the expiry of the term of the interim bail.

8.

This order is also subject to the residential address, where the petitioner would reside being verified.

9.

It is clarified that the petitioner would not be entitled to further extension of interim bail.

10.

The petition is allowed in the aforesaid terms. 11.

A copy of this order be communicated to the jail authorities electronically.

VIBHU BAKHRU, J JULY 13, 2020 RK