Anit Kumar v. The State NCT Of Delhi
$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2783/2024 & CRL. MA 23268/2024 ANIT KUMAR .....Petitioner Through:
Mr.
Kumar Sanu Choudhary, Advocate.
versus THE STATE NCT OF DELHI .....Respondent Through:
Mr. Nawal Kishore Jha, APP for State with SI Doorgars PS Ambedkar Nagar, New Delhi.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 07.08.2024
O R D E R
1.
By way of present bail application, the applicant seeks regular bail in FIR No. 0161/2024 registered under Sections 365/307/506/34/201 IPC at Police Station Ambedkar Nagar, Delhi.
2.
Learned counsel for the applicant submits that though the present FIR has been registered under Section 307 IPC, however, no injury was attributed to have been caused by the present applicant and he was merely riding the motorcycle. He further submits that even as per the CCTV footage, the applicant is not seen having given any exhortation or causing any injury to the victim. It is also stated that the applicant is in custody since 22.03.2024.
3.
Learned APP for the State accepts notice and while referring to the reply filed on behalf of the State before the learned Sessions Court, submits that the FIR came to be registered in the context of an incident dated 16.03.2024, whereby the injured was inflicted with a knife blow on head by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
a group of accused persons. It is further stated that initially, the victim was taken away on one of the motorcycles. Learned APP upon instructions also states that the applicant is not involved in any other case. 4.
Considering the totality of the facts and circumstances and the fact that the applicant is in custody since 22.03.2024; role of inflicting injuries to the victim is not assigned to the applicant and that he is merely seen on the motorcycle at the spot; the applicant is not involved in any other case and that the charge-sheet has already been filed, it is directed that the applicant be released on regular bail subject to his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/concerned Court/Duty Judicial Magistrate, First Class and subject to the following further conditions :- i) The applicant shall not leave the NCR without prior permission of the concerned Court.
ii) The applicant shall provide his mobile number to the Investigating Officer on which he will remain available during the pendency of the trial. iii) In case of change of residential address or contact details, the applicant shall promptly inform the same to the concerned Investigating Officer as well as to the concerned Court.
iv) The applicant shall not directly/indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the evidence. v) The applicant shall regularly appear before the concerned Court during the pendency of the trial.
5.
The bail application is disposed of in the above terms. 6.
Copy of the order be communicated to the concerned Jail Superintendent electronically for information. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
7.
Copy of the order be uploaded on the website forthwith. 8.
Needless to state that this Court has not expressed any opinion on the merits of the case and have made the observations only with regard to present bail applicant and nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have a bearing on the trial of the case as the same has been expressed only for the purpose of the disposal of the present bail application.
DASTI MANOJ KUMAR OHRI, J AUGUST 7, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.