Mohd Shadab v. State NCT Of Delhi

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2495/2024 MOHD SHADAB .....Petitioner Through:

Mr. Mehvish Rana, Advocate versus STATE NCT OF DELHI .....Respondent Through:

Mr. Hemant Mehla, APP for the State for the State with SI Anil Kumar PS Jamia Nagar

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 05.08.2024 CRL.M.A. 23068/2024(for early hearing) 1.

The present Petition has been filed on behalf of the Petitioner under Section 438 Cr.P.C. for early hearing since the relief sought is of Anticipatory Bail.

2.

Learned APP appearing on behalf of the State has no objection if the Application is allowed.

3.

Accordingly, the Application is allowed and with the consent of the parties, the Application is taken up today.

BAIL APPLN. 2495/2024 4.

The present Petition has been filed on behalf of the accused Mohammad Shadab under Section 438 Cr.P.C. for seeking Anticipatory Bail in FIR No. 192/2024 under Sections 308/34 IPC. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

It is submitted that in the incident which happened on 12.05.2024 at about 11 PM, the complainant was beaten by the 5 accused persons, out of which three have joined investigations and have been released on Bail vide Order dated 15.06.2024 passed by the learned ASJ. Three accused persons are absconding and the role of the petitioner is that he hit a crate on the head of the complainant.

6.

Learned APP appearing on behalf of the State has submitted that there is an earlier involvement of this accused under Section 307 IPC vide FIR No. 130/2022 and has vehemently opposed the grant of Bail. 7.

Submissions heard.

8.

Undisputedly, the injury suffered by the complainant on the head was simple in nature and the other three accused have been admitted on Bail. The accused has also joined investigations pursuant to the service of Notice. 9.

Considering the nature of the allegation and the nature of injury suffered it is directed that in the event of his arrest, the petitioner shall be released forthwith, with the following conditions:- a) The petitioner shall furnish a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the Investigating Officer/Arresting Officer.

b) The petitioner shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other persons acquainted with the facts of case. The petitioner shall not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial.

c) The applicant shall join the investigations as and when directed The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

by the IO.

d) The applicant shall produce all the requisite information, documents in his power and possession, as and when directed by the Investigating Officer.

e) The petitioner will intimate about his mobile number and his residential address to the Investigating Officer and in case of change of mobile number or residential address, the same will be intimated to the Investigating Officer.

10.

The Petition stands disposed of.

11.

The date already fixed stands cancelled.

NEENA BANSAL KRISHNA, J AUGUST 5, 2024/PT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.