Sachin Bhati v. State Of NCT Of Delhi
$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1852/2024 SACHIN BHATI .....Petitioner Through: Mr.M.L. Chaudhary, Ms.Deepika C., Ms.Shailja, Ms.Punam, Ms.Jyoti, Ms.Gazala, Ms.Saba and Mr.Mohit, Advocates versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Aashneet Singh, APP for State with SI Sandeep Kumar
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 15.07.2024 1.
By way of present application, the petitioner/applicant seeks regular bail in FIR No.284/2023 registered under Sections 186/353/307/120B/34 IPC, 25/27 Arms Act & 4/5 Explosive Substances Act at P.S. Special Cell, New Delhi.
2.
Learned counsel for the applicant submits that the applicant has been in custody since 27.11.2023 and that the chargesheet has been filed under the aforesaid sections. He further submits that the applicant is neither involved in the incident nor named in the FIR. He submits that as per the prosecution case, the name of the applicant first came up in the disclosure made by the co-accused persons after their arrest. At the instance of the applicant, recovery of certain articles are stated to have been effected from the house of the applicant. He submits that the applicant is not accused of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
committing any offence under Section 307 IPC. He further submits that coaccused namely Arpit Dhankar and Sushil Kumar have already been released on regular bail.
3.
Learned APP for the State, on the other hand, has opposed the bail application. He submits that the co-accused persons were about to commit an offence when the police team reached the spot and exchange of firing took place. The police team managed to apprehend Virender Singh @ Vimmi and Rajpreet Singh @ Raja @ Bamb. A pistol (.23 bore) loaded with three live cartridges used by Rajpreet Singh @ Raja @ Bamb and one revolver (0.455) loaded with two live cartridges used by Virender Singh @ Vimmi were seized, and one hand grenade was also recovered from Rajpreet Singh @ Bamb. He submits that recoveries were also effected from the house of co-accused persons namely Arpit Dhankar and Sushil Kumar, who have been released on regular bail. He submits that from the applicant, 2 pistols, one extra magazine, 13 live cartridges and 1 hand grenade were recovered. He also submits that the applicant is involved in four other FIRs, details of which have been mentioned in the status report. 4.
At this stage, learned counsel for the applicant submits that the applicant is on bail in all the aforesaid cases. 5.
Considering the role assigned to the applicant and alongwith the fact that co-accused persons from whom similar recoveries have been effected have already been granted bail by the trial court and the further fact that the applicant is stated to be on bail in the other cases, it is directed that the applicant be released on regular bail subject to his furnishing a personal bond in the sum of Rs.1,00,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/ concerned Court/Duty The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 he 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.
6.
The bail application is disposed of in the above terms. 7.
Copy of the order be communicated to the concerned Jail Superintendent electronically for information. 8.
Copy of the order be uploaded on the website forthwith. 9.
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 JULY 15, 2024/na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.