Dhupender @ Goni v. State NCT Of Delhi

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN No. 1958/2020 DHUPENDER alias GONI ..... Appellant Through:

Mr.Anurag Jain, Advocate versus STATE NCT OF DELHI ..... Respondent Through:

Mr.Kamal Kumar Ghei, APP for State with SI Mohit

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 05.08.2020 (hearing through Video Conferencing) The status report dated 03.08.2020 has been submitted by the State under the signatures of SHO PS Bhajanpura. Vide order dated 29.07.2020, the applicant was granted protection till today subject to his not leaving the city, keeping his mobile phone at all times and keeping his location available to the Investigating Officer, making no contact with the complainant and not attempting to influence the witnesses of the prosecution with further directions to the applicant to appear before the Investigating officer on 29.07.2020 at 2.30 PM.

The status report that has been submitted indicates that the applicant joined the investigation on 29.07.2020 at 2.30 pm though the State submits that the applicant did not cooperate in the investigation. It has been submitted by the Learned APP for the State that danda utilised by the co-accused Santram who is evading arrest is yet to be recovered from him and in the circumstances, the State states that the said danda may be in the possession of the applicant.

On behalf of the applicant, it has been strenuously contended as was contended on 29.07.2020 that the co-accused in the instant case, namely, Balraj and Kapil who had allegedly dragged the complainant had already been granted anticipatory bail. The status report that has been submitted by the State indicates that the accused is involved in another FIR No.856/2015 under Section 325/34 IPC PS Bhajanura, Delhi which is pending trial. On a consideration of the submissions that have been made on behalf of either side taking into account the factum that the applicant joined the investigation pursuant to the order dated 29.07.

2020 and that two other coaccused, named Balraj and Kapil have similar roles are already on anticipatory bail and the main allegations being against the co-accused Santram who is evading arrest, On a parity of reasoning, the applicant is allowed to be released on bail in the event of his arrest on filing a bail bond in the sum of Rs.1 lakh with one surety of the like amount to the satisfaction of the Ld.

Trial Court with directions that he shall not leave the city, keep his mobile phone on at all times and shall drop a pin on a Google map to ensure that his location is available to the IO, shall make no contact with the complainant and shall not attempt to influence the witnesses of the prosecution the applicant shall commit no offence whatsoever and in the event of any FIR or DD entry being lodged against the applicant, the State shall bring it to the notice of the Court forthwith. The application is disposed of.

ANU MALHOTRA, J AUGUST 5, 2020/sg