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High Court of DelhiBAIL APPLN./2260/2019

Arvind Prasad Gupta v. The State (Govt. Of NCT Of Delhi)

2019-09-11Hon'Ble Mr. Justice Suresh Kumar Kait2 pages

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2260/2019 ARVIND PRASAD GUPTA ..... Petitioner Through Mr.Mahesh Tiwari, Adv. with Mr.Umesh Prasad, Adv.

versus THE STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through Mr.Hirein Sharma, APP for State.

SI Ajeet Kumar PS Sangam Vihar.

Mr.Satish Chandra, Adv. for complainant.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 11.09.2019 Crl.M.A. 35564/2019 (Exemption) Allowed, subject to all just exceptions.

This application is, accordingly, disposed of. Bail Appln.2260/2019 & Crl.M.B.1600/2019 Vide the present application, the petitioner seeks anticipatory bail in the event of his arrest in FIR No. 261/2019 registered at Police Station - Sangam Vihar for the offences punishable under Sections 308/323/324/34 IPC.

It is not in dispute that two accused in the present case have already been admitted on anticipatory bail and the allegations against the petitioner is that he has thrown stone upon the victim due to which the victim received

injury on head and face.

As per the MLC, the injury caused is due to use of a 'sharp weapon' and thus no injury has been caused by the petitioner. Keeping in view the facts and circumstances of the case, this Court is of the considered view that the present case is fit for granting anticipatory bail. The IO concerned is hereby directed that in the event of arrest, the petitioner shall be released on bail on the following terms and conditions:- (i) That the petitioner shall furnish a personal bond in the sum of ₹15,000/- with one surety in the like amount subject to the satisfaction of IO concerned;

(ii) That the petitioner shall cooperate with the investigation and make himself available for interrogation by police officer, as and when required; In case of default of aforementioned conditions, the State is at liberty to take appropriate recourse in accordance with law. Before parting with the order, it is relevant to mention that nothing contained in this order shall be construed as an expression on the merits of the case.

Application stands disposed of.

Order dasti under the signatures of the Court Master. SURESH KUMAR KAIT, J SEPTEMBER 11, 2019 ab