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High Court of DelhiBAIL APPLN./1874/2024

Pawan Kumar v. State Govt. Of NCT Of Delhi

2024-10-25Hon'Ble Mr. Justice Anish Dayal2 pages

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1874/2024 PAWAN KUMAR .....Petitioner Through:

Mr. Manish Gupta, Mr. Amit Thakur, Mr. Mohan Sharam, Advocates.

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

Mr. Hemant Mehla, APP for State with Insp. Manoj, PS: Shalimar Bagh.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 25.10.2024 1.

APP for State states that main eye witness Mr. Rakesh Kumar is still to testify on 06th January, 2025; recording of testimony is delayed due to FSL being awaited for the CCTV.

2.

While counsel for petitioner points out that Rakesh in the MLC stated that his friend Shambhu (deceased) was assaulted by unknown people, he later names all the accused in his statement and later in his FIR. 3.

APP State, however, states that the CCTV shows the accused and they have been identified by not only Rakesh, but also by Zakir who was a passerby and was living in the same locality. 4.

Accordingly, it will be apposite to await the recording of the main eye witness.

5.

At this stage, counsel for petitioner wishes to withdraw the bail petition The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2024 at 10:59:46

with liberty to file afresh at a later point of time before Trial Court, after the testimony of the eye witness is recorded.

6.

Petition is dismissed as withdrawn.

7.

Liberty granted.

8.

Order be uploaded on the website of this Court. ANISH DAYAL, J OCTOBER 25, 2024/RK Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2024 at 10:59:46