Neeraj v. The State (Govt. Of NCT) Of Delhi

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2919/2019 NEERAJ ..... Petitioner Through: Mr. Dhan Mohan, Advocate with Mr.

Tanu B. Mishra, Mr. Ravi Mishra & Ms. Mahima Gautam, Advocates

Versus

THE STATE (GOVT. OF NCT) OF DELHI ..... Respondent Through: Dr. M.P. Singh, APP for State with Inspector Jai Bhagwan & ASI Surender Pal, P.S. Begum Pur

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 24.01.2020 1.

The present bail application has been filed seeking bail in FIR No. 42/2018 under Section 302 of IPC registered at Police Station Begum Pur, Delhi.

2.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and he has been in custody since 22.01.2018. He submits that out of 25 witnesses, 15 witnesses have already been examined. He further submits that all the public witnesses have been examined and only police witnesses are remaining. He further submits that the circumstantial evidence against the present petitioner is the recovery of key, knife and the blood stained clothes of the accused. BAIL APPLN. 2919/2019

3.

Learned APP for the State, on the other hand, vehemently opposed the bail application. He submits that the recovery of the knife was at the instance of the accused and as per the DNA report, the blood of deceased was found on the knife and jacket. He has also referred to the testimony of PW-13.

4.

The present case is based on circumstantial evidence and all the public witnesses have already been examined. In view of the facts and circumstances of this case, the petitioner is admitted to bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the Trial Court and subject to the following conditions:- (i) The petitioner will not directly or indirectly make any inducement, threat or promises to the complainant or any witness during the trial or tamper with the evidence. (ii) The petitioner shall provide the I.O./SHO Police Station Begum Pur, Delhi with his mobile phone number and in the event of change of his residential address, shall inform the same to the I.O./SHO.

(iii) The petitioner shall not leave the jurisdiction of the National Capital Territory of Delhi without prior permission of the concerned Court.

(iv) The petitioner will remain regularly present before the Trial Court.

5.

With the above directions, the bail application is disposed of. DASTI.

MANOJ KUMAR OHRI, J JANUARY 24, 2020/p'ma BAIL APPLN. 2919/2019