Gulfam v. State NCT Of Delhi And ANR
$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2254/2024 & CRL.M.A.19133/2024 GULFAM .....Petitioner Through:
Mr.
Sunil Kumar Chaturvedi, Advocate.
versus STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Raghuvinder Varma, APP for the State with S.I. Satish Bhat, P.S. Okhla Industrial Area.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 04.07.2024 CRL.M.A. 19132/2024 (Exemption) 1.
Exemption allowed, subject to just exceptions. 2.
The application stands disposed of.
BAIL APPLN. 2254/2024 (under Section 439 Cr.PC read with Section 482 Cr.PC filed by the petitioner for Regular Bail) 3.
The First Bail Application under Section 439 of Cr.PC read with Section 482 of Cr.PC has been filed on behalf of the petitioner seeking Regular Bail in FIR No. 759/21 under Sections 436/34 IPC registered at Police Station, Okhla, Industrial Area.
4.
It is submitted in the application that the accused is in the judicial custody since 10.10.2021 and the matter is pending trial before the learned The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
ASJ. The Bail Application of the petitioner, has been dismissed by the learned ASJ vide Order dated 05.04.2024.
5.
It is submitted that the allegations against the petitioner, are that on local enquiry and secret information, it is disclosed that one car near Gurjar Chowk, Sanjay Colony had come and car driver and other person talked with co-accused Chandan. Thereafter, co-accused Suraj and Chandan arranged some inflammable chemical and the applicant/accused set fire in the factory in lieu of the money. Most importantly, the sample collected from the place of incident and was sent to FSL for Report. The investigation has been completed. Charge sheet has been filed. The material witnesses have already been recorded. Therefore, the petitioner has sought the bail. 6.
Learned counsel appearing on behalf of the petitioner has submitted that there is no cogent evidence against the accused and he is in custody since October, 2021. The trial is at the stage of prosecution evidence. Hence, the petitioner may be granted bail.
7.
Learned APP on behalf of the State, has submitted that the offence allegedly committed by the petitioner, is of serious nature of having indulged in setting of factory on fire. The supplementary charge sheet has been filed along with the FSL Report, which has reported that no combustible material was found on the site. It is submitted that out of 26 witnesses, 13 witnesses have already been examined. The trial is likely to be concluded within six months.
8.
Submissions heard.
9.
There are serious allegations against the petitioner. Considering that the trial may be concluded within six months as has been submitted on behalf of the learned APP for the Sate, the present Bail Application is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
hereby dismissed with liberty to the petitioner, to file a fresh bail application in case, the trial is not concluded within six months. The pending application also stands disposed of.
NEENA BANSAL KRISHNA, J JULY 4, 2024/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.