Vipin Kumar @ Bhim v. State Of NCT Of Delhi
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3150/2024 VIPIN KUMAR @ BHIM .....Petitioner Through:
Mr. Sharad Malhotra, Advocate with Mr. Ayush Rathor, Poxy Counsel.
versus STATE OF NCT OF DELHI .....Respondent Through:
Mr. Amit Ahlawat, APP for State.
SI Ram Kishan, PS- Defence Colony.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 29.11.2024 1.
This petition has been filed, seeking regular bail in supplementary charge-sheet filed by the State under Section 174A Cr.P.C. in FIR No. 150/2016 registered at P.S. Defence Colony under Sections 365/394/379/34 IPC.
2.
Petitioner/accused was initially granted bail by the Sessions Court in the main FIR. However, later he was declared PO and was subsequently arrested on 11th April 2024.
3.
Status report has been filed. As per the status report, the petitioner after getting bail in the main FIR was later declared a proclaimed offender and arrested on 11th April 2024. The present case, in which he has been arrested, is under Section 174A IPC. The trial of the main case has now been reopened and the next date of hearing is 14th October, 2024. 4.
The wife of the petitioner, Ms. Sonam, states that they are permanent resident of H. No. JB 31/30, Trilokpuri, Delhi. Previous involvements of the petitioner, noted in the Nominal Roll, are FIR No. 405/2013 registered at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
P.S. S.L.C. under Sections 392/397/34 IPC.
5.
As regards the issue of the petitioner being declared an absconding PO in the present matter. The counsel for the petitioner, states on instructions, that they will provide two sureties and the petitioner shall be present in the stated residential address and will report, weekly, to the I.O. 6.
As regards the case under FIR No. 150/2016, PS Defence Colony, the counsel for the petitioner states that, the trial has already commenced, and the complainant has already been examined.
7.
The matter is now listed before the Trial Court on 16th December 2020. The counsel for the petitioner, states on instructions, that the petitioner is committed to appearing before the Trial Court. 8.
In light of the above, and that the trial in the matter is likely to take some time, and it would not be prudent to keep the petitioner behind bars for an indefinite period, this Court finds it to be a fit case for grant of bail to the petitioner. Consequently, the petitioner is directed to be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- with two sureties of the like amount subject to the satisfaction of the Trial Court, further subject to the following conditions:
i.
Petitioner will not leave the country without prior permission of the Court.
ii.
Petitioner shall provide permanent address to the Trial Court. The petitioner shall intimate the Court by way of an affidavit and to the IO regarding any change in residential address.
iii.
Petitioner shall appear before the Court as and when the matter is taken up for hearing.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
iv.
Petitioner shall join investigation as and when called by the IO concerned.
v.
Petitioner shall provide all mobile numbers to the IO concerned which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the IO concerned. vi.
Petitioner will mark presence physically before the concerned I.O. on every Monday at 4 p.m., and will be not kept waiting for more than an hour.
vii.
Petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses, the complainant/victim or any member of the complainant/victim's family or tamper with the evidence of the case.
9.
Needless to state, but any observation touching the merits of the case is purely for the purposes of deciding the question of grant of bail and shall not be construed as an expression on merits of the matter. 10.
Copy of the order be sent to the Jail Superintendent for information and necessary compliance.
11.
Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.
12.
'Dasti'.
13.
Order be uploaded on the website of this Court. ANISH DAYAL, J NOVEMBER 29, 2024/AB/kp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.