Suresh Kumar v. The State NCT Of Delhi & ANR.

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1273/2024, CRL.M.A. 11073/2024 SURESH KUMAR ..... Petitioner Through:

Mr. Mukesh Kalia, Mr. Amit Kumar and Mr. Siddharth Singh, Advocates.

versus THE STATE NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Laksh Khanna, APP for State with SI Naveen Kumar, P.S. Keshav Puram.

Mr. Hirein Sharma, Advocate for MCD.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 10.04.2024 1.

The present bail application has been filed by the applicant under Section 438 Cr.P.C. seeking anticipatory bail in FIR No.134/2024 registered under Sections 147/148/149/186/353/332/307/ 120B/34 IPC at P.S. Keshav Puram, South West, Delhi.

2.

Issue notice.

3.

Learned APP for the State accepts notice. He submits that the incident occurred on 24.02.2024, when the MCD team along with police staff and cattle catching staff reached the spot to check the seal, which was put on an illegal dairy running in House No. 2559/175, Village Bairam Khan, Tri Nagar, Delhi. As soon as the MCD team reached the spot, the applicant alongwith others gathered there. He further submits that co-accused Mohit The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

@ Moti not only exhorted the crowd against the complainant but also tried to strangulate the complainant, who was a veterinary doctor accompanying the team. The role assigned to the present applicant is, however, of participation in commission of crime of rioting and obstructing a public servant in discharge of his official duty. Learned APP also submits that coaccused Kunal Yadav @ Golu has already been granted benefit of anticipatory bail by this Court vide order dated 21.03.2024 passed in BAIL APPLN. 1026/2024.

4.

Keeping in view the fact that the only role assigned to the applicant is of participation in the commission of crime and that the co-accused Kunal Yadav @ Golu has already been granted anticipatory bail, it is directed that in the event of arrest, the applicant be released on bail subject to him furnishing a personal bond in the sum of ₹25,000/- with one surety of like amount to the satisfaction of the Arresting Officer/Investigating Officer/SHO of the concerned Police Station and also subject to the following further conditions:- (i) At the time of furnishing bail bond, the applicant shall provide the mobile number, which he undertakes to keep operational at all times during the pendency of the trial. (ii) The applicant shall join the investigation as and when he is summoned.

(iii) The applicant shall inform the concerned Investigating Officer about his current residential address. (iv) In case of change of residential address/contact detail, the applicant shall promptly inform the same to the concerned Investigating Officer/SHO.

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 not directly or indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the evidence.

(vi) The applicant shall regularly appear before the trial Court as and when the charge sheet is filed.

5.

Bail application is disposed of in the above terms alongwith miscellaneous application.

MANOJ KUMAR OHRI, J APRIL 10, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.