Prashant Kumar v. State

$~7 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1839/2019 PRASHANT KUMAR ..... Petitioner Through:

Mr. Shwetank and Mr. Yash Agarwal, Advs.

versus STATE ..... Respondent Through:

Mr.Hirein Sharma, APP for State.

SI Virendra Kumar, PS - Seelam Pur

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 24.10.2019 Vide the present bail application, the applicant/ petitioner seeks bail in the FIR No. 215/2017 registered at Police Station - Seelampur, District North East Delhi.

The present petition is filed on the ground that co-accused Naseem @ Sonu has been granted bail by this Court vide order dated 08.07.2019 and the prosecution has assigned the same role to the petitioner herein. He further submits that the petitioner was not identified by PW-2, eye witness of the alleged incident. Therefore, the applicant seeks bail on parity. Learned APP submits that aforesaid witness has identified the petitioner and deposed that the main accused shot the gun and thereafter, he went towards the car, which was being driven by the petitioner and one other co-accused was also sitting in the said car, who has been granted bail vide order dated 08.07.2019. He submits that that the role of the petitioner is different from the role of Naseem @Sonu.

Keeping in view the fact that the eye witness has identified the petitioner in Court and deposed that he was driving the car after the incident took place and the serious allegations made against the petitioner, who played active role in committing the crime, therefore, I am not inclined to grant the bail.

The petition is accordingly dismissed.

SURESH KUMAR KAIT, J OCTOBER 24, 2019 PB