← Library
High Court of DelhiBAIL APPLN./2436/2024

Sandeep Kumar v. State Of N.C.T. Of Delhi

2024-08-29Hon'Ble Mr. Justice Anoop Kumar Mendiratta2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2436/2024 SANDEEP KUMAR .....Petitioner Through:

Mr.Faiz Imam, Mr.Irshad Mohd. and Mr.Rajeev Kumar, Advocates versus STATE OF N.C.T. OF DELHI .....Respondent Through:

Ms.Meenakshi Dahiya, APP for State with Mr.Arbab and Mr.Vidur, Advocates with SI Amit Kumar, P.S.

Badarpur.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 29.08.2024 1.

An application under Section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') has been preferred on behalf of the petitioner for grant of regular bail in FIR No. 0213/2023, under Section 308 IPC, registered at PS: Badapur, Delhi.

2.

In brief, as per the case of the prosecution, petitioner is alleged to have been attacked his brother-in-law (Vipin @ Vishnu Bihari) with a cooking tawa.

3.

Learned counsel for the petitioner submits that petitioner is in custody since 21.08.2023 and the chargesheet already stands filed. He further submits that other material witnesses except victim have been examined. 4.

On the other hand, application is vehemently opposed by learned APP for the State and she submits that victim is still immensely suffering and has 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 02/09/2024 at 12:14:47

not recovered from the injuries. Further victim is unfit to give his statement before the learned trial court, though offence has been registered only under Section 308 IPC.

5.

At this stage, learned counsel for the petitioner seeks to withdraw the application for bail.

6.

Taking the statement of learned counsel for the petitioner on record, application is accordingly dismissed as withdrawn. Pending applications, if any, also stand disposed of.

ANOOP KUMAR MENDIRATTA, J.

AUGUST 29, 2024/v 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 02/09/2024 at 12:14:47