Ashish @ Dolly v. The State

KRISHNAKUMAR $~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2422/2020 & CRL.M.A. 11875/2020 ASHISH @ DOLLY ..... Petitioner Through:

Mr. Sanjeev Kumar, Advocate (M8920525314) versus THE STATE ..... Respondent Through:

Mr. Raghuvinder Verma, APP with SI Gyanesh.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 16.09.2020 1.

The hearing has been held through video conferencing. 2.

The Petitioner has filed the present petition seeking regular bail. He has been accused in FIR No.0266/2019 dated 8th July, 2019 under Sections 302/307120B/34 of IPC and Sections 25/27 of Arms Act. He was arrested on 13th July, 2019 and has been in custody for more than one year. 3.

The Investigating Officer (hereinafter, "IO") is present today and submits that the Petitioner was present at the place of the incident and had fled along with Mr. Paramjeet Singh - the main accused. 4.

The Court has perused the status report. The status report merely appears to suggest that he was an accomplice with the main accused - a Mr. Paramjeet Singh. The status report does not reveal as to what was the role played by the Petitioner and it is also not clear whether he had any role to play in the killing of the deceased. Under these circumstances, this Court is inclined to grant interim bail to the Petitioner, at this stage. Accordingly, the By:PRATHIBA M SINGH

KRISHNAKUMAR Petitioner may be released on interim bail for a period of 3 months from the date of release, subject to the following conditions:

1) The Petitioner shall furnish a personal bond to the tune of Rs.10,000/- along with one surety of like amount to the satisfaction of the Trial Court;

2) The Petitioner shall give his permanent residential address in Delhi, where he would be staying during the bail period along with his live mobile number to the IO. The address shall be verified by the IO. He shall report to the IO every alternative day over telephone;

3) The Petitioner shall not leave the territory of Delhi;

4) The Petitioner shall not contact any of the witnesses and cause any impediment in the trial;

5) He shall appear before the Trial Court as and when directed; 5.

The Petitioner shall surrender immediately, upon the expiry of 3 months from the date of his release. The Petitioner's right to avail of any remedies to seek regular bail in accordance with law shall however be left open.

6.

The present bail order in favour of the Petitioner would not act as a precedent in respect of other co-accused as the FIR is quite detailed and the role played by each of the accused would have to be examined separately on its own merits.

7.

The petition is disposed of, in the above terms. All pending applications are also disposed of.

PRATHIBA M. SINGH, J SEPTEMBER 16, 2020 Rahul/A By:PRATHIBA M SINGH