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High Court of DelhiBAIL APPLN./1976/2020

Amit Sehrawat @ Yudh @ Shambhu v. The State (NCT Of Delhi)

2020-09-09Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1976/2020 AMIT SEHRAWAT @ YUDH @ SHAMBHU ..... Petitioner Through:

Mohd. Asif, Advocate.

Versus

THE STATE (NCT OF DELHI) ..... Respondent Through:

Ms. Manjeet Arya, APP for State with SI Kailash Chand, P.S. Vasant Kunj North.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 09.09.2020 1.

The present bail application has been filed under Section 439 Cr.P.C. seeking regular bail in FIR No.397/2018 registered under Sections 186/353/307/411/34 IPC and Sections 25/27 of the Arms Act at P.S. Vasant Kunj (North).

2.

Mohd. Asif, learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present FIR and has been in custody since 30.07.2018. He further submits that till date, only the chargesheet has been filed and charges have not been framed. It is further submitted that as per the prosecution case, no incident of firing has been reported at the spot.

3.

Ms. Manjit Arya, learned APP has opposed the bail application. She submits that on the basis of a secret information, the petitioner was apprehended at the spot and one country made pistol loaded with two live BAIL APPLN. 1976/2020 Page 1 of 3

cartridges and the RC of the vehicle were recovered from his possession. She further submits that apart from the present case, the petitioner is also involved in two other cases being FIR No. 373/2018 registered under Sections 327/365/394/397/411/120B/34 and Section 25 of the Arms Act at P.S. Vasant Kunj (North) and e-FIR No. 26039/2018 registered under Sections 392/397/34 IPC and Sections 25/27/54/59 of Arms Act at P.S. Mehrauli.

4.

At this stage, learned counsel for the petitioner submits that the petitioner has already been granted bail in the aforementioned FIRs. It is submitted that in case the petitioner's bail is considered, the petitioner will stay at his native village i.e. Village Mohanpur, Tehsil Narnaul, P.S. Nangal Chaudhary, District - Mahendergarh, Haryana and will be available on the mobile number 9518617001, which belongs to his brother namely, Krishan. 5.

Accordingly, keeping in view the facts and circumstances of the case and the fact that the petitioner is in custody since 30.07.2018, the petitioner is admitted to bail subject to his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the concerned Jail Superintendent/Duty M.M./Concerned Court and subject to the following conditions:- (i) The petitioner shall stay at his given address in Haryana and shall remain available on his brother's mobile number 9518617001, which he has undertaken to keep operational during the period of trial.

(ii) In case of any change in the address or contact details, the petitioner shall promptly inform the IO as well as the concerned Court.

(ii) The petitioner shall report to IO SI Kailash BAIL APPLN. 1976/2020 Page 2 of 3

Chand/SHO P.S. Vasant Kunj (North) on his mobile number i.e. 9015988794 on the first and third Monday of every month during the period of his release. (iv) The petitioner shall not try to 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.

(v) The petitioner shall regularly appear before the Trial Court.

6.

The bail application is disposed of.

7.

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

MANOJ KUMAR OHRI, J SEPTEMBER 09, 2020 ga BAIL APPLN. 1976/2020 Page 3 of 3