Sumit Pal v. State Of NCT Of Delhi

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2332/2020 SUMIT PAL ..... Petitioner Through:

Mr. Pankaj Kumar, Advocate.

Versus

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

Ms. Radhika Kolluru, APP for State with IO SI Ashish, P.S. Jyoti Nagar.

CORAM:

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

O R D E R

% 03.09.2020 1.

The present bail application has been filed under Section 439 r/w Section 482 Cr.P.C. seeking bail in FIR No. 283/2020 registered under Sections 308/34 IPC at P.S. Jyoti Nagar.

2.

Mr. Pankaj Kumar, learned counsel for the petitioner submits that the petitioner, who is in custody since 11.06.2020, has been falsely implicated in the present case. He submits that as per the allegations levelled in the FIR, only bamboo stick is alleged to have been used by the petitioner, which has been recovered. He further submits that the complainant has suffered minor injuries and was discharged on the same day. It is also submitted that the petitioner is not involved in any other case. Learned counsel lastly submits that in case the petitioner's bail is considered, he will stay at his given address in Delhi and will be available on his father's mobile number i.e. BAIL APPLN. 2332/2020 Page 1 of 3

9868964484 which he will keep operational during the period of his release. 3.

Ms. Radhika Kolluru, learned APP, on the other hand, has opposed the bail application. She submits that only charge-sheet has been filed so far and charges are yet to be framed. She however, on instructions, submits that the petitioner is not found involved in any other case and the nature of injuries suffered by the injured has been opined to be simple. 4.

Looking into the facts and circumstances of the case and the fact that the petitioner is in judicial custody since 11.06.2020, the petitioner is admitted to bail, subject to his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the Jail Superintendent/Duty M.M./Concerned Court and subject to further following conditions :- i) The petitioner shall remain available on mobile phone number i.e. 9868964484 which belongs to his father Manbir Pal, which he undertakes to keep operational during the period of his bail.

ii) The petitioner shall not leave the NCT of Delhi without the prior intimation to the IO SI Ashish, P.S. Jyoti Nagar (Mobile No.

7017383539)/the concerned Court.

iii) In case of change of address or contact details, the petitioner shall promptly inform the same to the IO as well as the concerned Court.

iv) The petitioner shall not try to get in touch with any of the prosecution witness or tamper with the evidence.

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

BAIL APPLN. 2332/2020 Page 2 of 3

5.

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

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

MANOJ KUMAR OHRI, J SEPTEMBER 03, 2020 ga BAIL APPLN. 2332/2020 Page 3 of 3