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High Court of DelhiBAIL APPLN./1379/2024

Amit Kumar @ Nepali v. State Of NCT Delhi

2024-07-18Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~22 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1379/2024 AMIT KUMAR @ NEPALI .....Petitioner Through:

Counsel for petitioner (appearance not given) versus STATE OF NCT DELHI .....Respondent Through:

Mr. Hemant Mehla, APP for the State.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 18.07.2024 1.

The Bail Application under Section 439 of CrPC has been filed on behalf of the petitioner for grant of Regular Bail in Case FIR No. 843/2022 under Sections 308/323/341/427/34/174 of IPC and charges framed under Section 307/323/341/427/34 IPC, registered at Police Station Ranhola. 2.

It is submitted that he is a young man of 24 years and is in judicial custody since 15.09.2023. He has been implicated falsely in this case by the complainant with ulterior motive. The other five co-accused have already been granted bail. The charge-sheet has been filed and the charges have been framed. There is no apprehension of the applicant absconding and fleeing from justice. He further undertakes to abide by any terms and conditions that may be imposed upon him.

3.

Learned APP for the State has opposed the bail on the ground that the injured had sustained dangerous injuries and had suffered fracture of two The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

ribs and multiple injuries on various parts of the body. It is further submitted that this accused had absconded and was declared a proclaimed offender, after which he has been arrested subsequently. The charges have already been framed in the present case.

4.

Considering the antecedents and the gravity of the offence, the bail application is opposed.

5.

Submissions heard.

6.

The accused is in judicial custody for almost 10 months The other coaccused are on bail. Charges have already been framed. Considering the totality of the circumstances, the petitioner is admitted to bail, subject to the following conditions:- a) The petitioner/accused shall furnish a personal bond of Rs.25,000/- and one surety of the like amount, subject to the satisfaction of the learned Trial Court.

b) The petitioner/accused shall appear before the Court as and when the matter is taken up for hearing.

c) The petitioner/accused shall provide mobile number to the IO concerned which shall be kept in working condition at all times and he shall not change the mobile number, without prior intimate to the Investigating Officer concerned.

d) The petitioner/accused shall not indulge in any criminal activity and shall not communicate with or come in contact with the witnesses.

e) The petitioner/accused shall not leave the country, without permission of this Court.

f) The petitioner/accused shall not change his residential address The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and in case of change of the residential address, the same shall be intimated to this Court, by way of affidavit. g) The petitioner/accused shall not threaten the witnesses and shall join the trial and not tampered with the evidence. 7.

The Petition is disposed of.

NEENA BANSAL KRISHNA, J JULY 18, 2024/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.