Hemant Kumar @ Fauji v. State, NCT Of Delhi

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + HEMANT KUMAR @ FAUJI ..... Petitioner Through:

Mr. Jitendra Sethi and Mr. Hemant Gulati, Advocates versus STATE NCT OF DELHI ..... Respondent Through:

Ms. Radhika Kolluru, APP for State with Inps. Mukhtiar Singh, P.S.

Vasant Kunj North Mob. No.9810946256

CORAM:

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

O R D E R

% 03.09.2020 1.

The present application has been filed seeking interim bail in FIR No.418/2014 registered under Sections 302/34 IPC read with Sections 25/27 of the Arms Act at Police Station Vasant Kunj (North), Delhi on the ground that the petitioner's mother is unwell and is suffering from suicidal tendencies.

2.

Learned counsel for the petitioner submits that the petitioner has been in custody since 02.07.2014 and the Trial Court vide order dated 24.01.2018 released the petitioner on the ground of illness of his mother, which concession he did not misuse and duly surrendered in time. He submits that the petitioner is not involved in any other case. He lastly submits that all the material witnesses have been examined.

3.

Learned APP for the State, on the other hand, has opposed the bail application. She submits that as per the statement of the neighbours, the petitioner's mother is living with her other son Jitender. She, however, on instructions, confirms that the petitioner is not involved in any other case and all the material witnesses have been examined. 4.

In view of the facts and circumstances of the case, the petitioner is admitted to interim bail for a period of four weeks from the date of his release 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/concerned Court and subject to the following conditions:- (i) 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.

(ii) The petitioner shall not leave the jurisdiction of NCT of Delhi without prior permission from the concerned Court. (iii) The petitioner shall remain available on his telephone number 9718741234 which he undertakes to keep operational at all times during the period of his release. (iv) The petitioner shall report to the I.O. Inps. Mukhtiar Singh at his Mob. No. 9810946256, P.S. Vasant Kunj North on every Monday and Friday during the period of his release.

(v) The petitioner shall surrender before the concerned Jail Superintendent after the expiry of the interim bail period. 5.

With the above directions, the present application stands disposed of. 6.

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

MANOJ KUMAR OHRI, J SEPTEMBER 03, 2020 na