Amaan Khan v. State

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AMAAN KHAN ..... Petitioner Through: Mr. Aditya Aggarwal, Advocate with Mr. Ankit Mutreja, Advocate

Versus

STATE ..... Respondent Through: Ms. Radhika Kolluru, APP for State

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI (VIA VIDEO CONFERENCING)

O R D E R

% 05.06.2020 CRL. M. (BAIL) 6452/2020 in BAIL APPL. 1047/2019 1.

The present bail application has been filed on behalf of the petitioner seeking interim bail in FIR No. 1430/2014 under Sections 302/365/411 IPC and Sections 25/27 of Arms Act registered at Police Station Bhajanpura, Delhi.

2.

Learned counsel for the petitioner has relied upon the Minutes of Meeting dated 18.05.2020 passed by the High Powered Committee. He has specifically relied on 'Item Six' of the aforesaid Minutes to submit that the petitioner has been in judicial custody for more than two years and is not involved in any other case.

3.

Learned APP for the State submits that one public witness namely, Naved is yet to be examined and the said witness lives in the vicinity of the petitioner's house.

4.

At this stage, learned counsel for the petitioner, on instructions, undertakes and submits that if the petitioner is released on interim bail, he will not stay in Delhi and will stay at a difffernt address situated in Shajahanpur, U.P. at the address Mahmand Hadaf near Baby Montessori School near Shajahanpur-242001. He, on instructions, further submits that the petitioner's sister is willing to stand surety for the petitioner. 5.

In view of the facts and circumstances of the case as well as Minutes of the High Powered Committee meeting and the fact that all the public witnesses except Naved have been examined, the petitioner is admitted to interim bail for a period of 4 weeks on his furnishing a personal bond in the sum of Rs.50,000/-with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/Duty MM and subject to the following conditions :- (i) The petitioner shall not get in touch with the complainant or any other prosecution witness directly or indirectly and shall not make any effort to tamper with the evidence and shall not enter the jurisdiction of Delhi except for surrendering.

(ii) The petitioner shall provide his mobile telephone number to the concerned IO/SHO, P.S. Bhajanpura, Delhi as well as to the concerned IO/SHO P.S. Sadar Bazar, Shajahanpur which he undertakes to keep operational at all times. (iii) The petitioner shall further remain in touch telephonically with SI Naeem Ali (Mob-8279726700), P.S. Bhajanpura as well as concerned SHO P.S. Sadar Bazar, Shajahanpur on every Monday and Friday during the period of lockdown and thereafter shall appear before the concerned SHO P.S. Sadar Bazar, Shajahanpur.

(iv) The petitioner shall surrender at the expiry of his release period.

6.

With the above directions, the application is disposed of. 7.

A copy of this order be communicated to the concerned Jail Superintendent as well as to the concerned I.O./SHO P.S. Sadar Bazar, Shajahanpur electronically.

MANOJ KUMAR OHRI, J JUNE 05, 2020 p'ma