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High Court of DelhiBAIL APPLN./1448/2024

Lalit Pal v. The State NCT Of Delhi

2024-05-22Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1448/2024 LALIT PAL ..... Petitioner Through:

Mr. Suraj Prakash Sharma, Advocate.

versus THE STATE NCT OF DELHI ..... Respondent Through:

Mr. Laksh Khanna, APP for State with SI Mahender Patel PS Shahbad Dairy, Delhi.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 22.05.2024 1.

By way of present application filed under Section 439 Cr.P.C., the petitioner/applicant seeks regular bail in FIR No. 858/2021 registered under Sections 186/353/307/429/511/34 IPC and Section 25/27 Arms Act and Sections 4/12 DACP Act at P.S. Shahbad Dairy, Delhi. 2.

Learned counsel for the applicant submits that the applicant is in custody since 18.12.2021. He submits that while the allegations are that the accused persons fired shots at the police party, the said role is not attributed to the present applicant. It is also pointed out that the said shots did not hit any person. He further submits that charge-sheet having been filed, the prosecution has cited 21 witnesses, out of which only one witness has been examined. He states that the applicant is not involved in any other case. 3.

The bail is vehemently opposed by the learned APP for the State. It is stated that in the present case, on receiving information, the police party raided the spot and that the role attributed to the present applicant is of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

administering medicine to the cows before slaughter. He on instructions confirms that the applicant is not involved in any other case. 4.

Considering the totality of the facts and circumstances and the role attributed to the present applicant and considering the sentence awardable under Section 4/12 of Delhi Agricultural Cattle Preservation Act, it is directed that the applicant be released on regular bail subject to his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/concerned Court/Duty M.M. and subject to the following further conditions :- i) The applicant shall not leave the NCR without prior permission of the concerned Court.

ii) The applicant shall provide his mobile number to the Investigating Officer on which she will remain available during the pendency of the trial. iii) In case of change of residential address or contact details, the applicant shall promptly inform the same to the concerned Investigating Officer as well as to the concerned Court.

iv) The applicant shall not directly/indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the evidence. v) The applicant shall regularly appear before the concerned Court during the pendency of the trial.

5.

The bail application is disposed of in the above terms. 6.

Copy of the order be communicated to the concerned Jail Superintendent electronically for information. 7.

Copy of the order be uploaded on the website forthwith. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

Needless to state that nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have a bearing on the trial of the case as the same has been expressed only for the purpose of the disposal of the present bail application.

MANOJ KUMAR OHRI, J MAY 22, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.