Sunil Kumar v. State NCT Of Delhi

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 14.08.2025 + BAIL APPLN. 2302/2025 SUNIL KUMAR .....Petitioner Through:

Mr. Raj Kumar, Advocate.

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

Ms. Manjeet Arya, APP for State with SI Pankaj Kumar and SI Ram Singh, PS Jyoti Nagar.

CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1.

The accused/applicant seeks regular bail in case FIR No. 42/2018 of PS Jyoti Nagar for offence under Section 308/34 IPC. Broadly speaking, case set up by prosecution is that when the complainant de facto visited the residence of one Jitender Kumar to take back money, the former was beaten up by the latter and his associates including the accused/applicant, thereby causing him head injury.

2.

The injury allegedly suffered by the complainant de facto was CLW on parietal region. But no weapon was recovered or even alleged to have BAIL APPLN. 2302/2025 Page 1 of 2 pages GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4 835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd 2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2025.08.14 18:03:37 -07'00'

By:NEETU N NAIR 18:10:06

been used.

3.

Learned APP accepts notice and submits that earlier the accused/applicant was granted bail but since he did not appear when the witness was summoned, the trial court issued non-bailable warrants and the accused/applicant got arrested. Learned APP in all fairness does not object to this bail application but requests that the accused/applicant be warned to diligently appear on each date before the trial court and not try to win over any witness.

4.

Considering the above circumstances, the application is allowed and the accused/applicant is directed to be released on bail subject to his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the learned trial court. It is made clear that no further indulgence shall be extended to the accused/applicant in case of his failure to appear on any date before the trial court. 5.

Copy of this order be sent to the concerned Jail Superintendent for being conveyed to the accused/applicant.

DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4af ec45569af3962c6fb4835d435f97626cacc a, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d 15570996b40f80cbd2eee60402c487965ff 801e26fa, cn=GIRISH KATHPALIA Date: 2025.08.14 18:03:11 -07'00'

GIRISH KATHPALIA GIRISH KATHPALIA (JUDGE) AUGUST 14, 2025/ry BAIL APPLN. 2302/2025 Page 2 of 2 pages By:NEETU N NAIR 18:10:06