Deepak v. State ( NCT Of Delhi )

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2416/2020 DEEPAK ..... Petitioner Through:

Mr Om Saran Gupta, Advocate.

versus STATE ( NCT OF DELHI ) ..... Respondent Through:

Mr Ravi Nayak, APP for State with Insp.

Jai Bhagwan, SHO PS Begumpur.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 31.08.2020 [Hearing held through video conferencing] CRL.M.A. 11859/2020 1.

Allowed, subject to all just exceptions.

BAIL APPLN. 2416/2020 2.

The petitioner has filed the present petition, inter alia, praying that he be granted bail in connection with FIR No.0266/2016 under Sections 302/34 of the IPC registered with PS Begumpur, Delhi. 3.

Mr Gupta, learned counsel appearing for the petitioner, states that in instead of granting regular bail the petitioner may be granted interim bail as he requires to provide for his family. It is seen that by an order dated 09.01.2020, the petitioner's bail in the said case was rejected on the ground that the matter was at the stage of defence evidence and this Court was of Signed By:DUSHYANT RAWAL Location:

23:46:49

the view that granting bail to the petitioner at this stage presents a flight risk. 4.

Mr Gupta, learned counsel appearing for the petitioner states that the petitioner could not prepare defence evidence on account of the outbreak of COVID-19. He states that trial would take some time as defence evidence has to be led.

5.

Mr Nayak, learned APP disputes the above. He states that the matter before the court is at the stage of final arguments and was listed on several occasions after petitioner's application for bail was rejected on 09.01.2020. He states that he has read the orders passed by the Trial Court, wherein it is mentioned that the matter is listed for final hearing. He also pointed out that the matter for hearing was listed through video conferencing link on 18.07.2020 and none had appeared on behalf of the petitioner. 6.

Considering the gravity of the offence and the stage of matter before the trial court, this Court does not consider it apposite to grant interim bail to the petitioner. Releasing the petitioner at this stage also presents a flight risk. 7.

The petition is accordingly dismissed.

VIBHU BAKHRU, J AUGUST 31, 2020 MK Signed By:DUSHYANT RAWAL Location:

23:46:49