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High Court of DelhiBAIL APPLN./1652/2020

Gaurav @ Raja v. State (NCT Of Delhi)

2020-08-04Hon'Ble Mr. Justice Vibhu Bakhru3 pages

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1652/2020 GAURAV @ RAJA ..... Petitioner Through Mr S.B. Dandapani, Advocate.

versus STATE (NCT OF DELHI) ..... Respondent Through Mr Amit Gupta, APP for State.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 04.08.2020 [Hearing held through videoconferencing] 1.

The petitioner has filed the present application, inter alia, seeking interim bail for a period of forty-six days in view of the guidelines dated 18.05.2020 issued by the High Powered Committee constituted by this Court.

2.

The nominal roll indicates that the petitioner has been in custody for a period of eleven years, two months and one day as on 29.07.2020 in connection with FIR No. 198/2008 under Section 364A/302/201/120-B/34 IPC registered with PS Keshav Puram, Special Cell. 3.

The petitioner and his accomplice were charged of abducting and murdering a boy aged seventeen years. His co-accused has already been released on interim bail and this Court is informed that all material witnesses

have been examined. The case is at the stage of final arguments since past three years.

4.

Undeniably, but for the fact that the investigation has been conducted by the Special Cell, the petitioner's case falls within the criteria as set out by the High Powered Committee.

5.

Considering the period of time spent by the petitioner and the rationale that persuaded the High Powered Committee to formulate the criteria for releasing the under trial prisoners on interim bail, this Court considers it apposite to allow the present petition. 6.

The petitioner shall be released on interim bail for a period of fortysix days from the date of his release on his furnishing a personal bond in the sum of ₹25,000/- with two sureties of the equivalent amount to the satisfaction of the Jail Superintendent/Trial Court/Duty Magistrate. This is also subject to the following further conditions:- (a) that the petitioner shall provide a permanent address where he is going to reside and/or be located during the period when he is out on bail;

(b) that petitioner shall establish telephonic contact with Inspector Pankaj (Special Cell) [Mobile No.: +91-7982193377] every day;

(c) that the petitioner shall not leave the local-area in which his place of residence is located.

(d) that the petitioner shall not get in touch with the victim's family;

7.

The petition is allowed subject to the aforesaid conditions. 8.

A copy of this order be communicated to the concerned Jail Authorities electronically.

VIBHU BAKHRU, J AUGUST 04, 2020 pkv