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High Court of DelhiBAIL APPLN./3501/2024

Shadab v. The State NCT Of Delhi

2024-10-16Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3501/2024 SHADAB .....Petitioner Through:

Mr. Kumar Sanu Chaudhary, Adv.

versus THE STATE NCT OF DELHI .....Respondent Through:

Mr.Laksh Khanna, APP for State with SI Dungar Singh, P.S. Ambedkar Nagar.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 16.10.2024

O R D E R

1.

By way of the present application, the petitioner/applicant seeks regular bail in FIR No.

161/2024 registered under Sections 365/307/506/34/201 IPC at P.S. Ambedkar Nagar, New Delhi. 2.

Learned counsel for the applicant submits that the applicant is in custody since 13.05.2024 and that the role attributed to the present applicant is of hitting the complainant with sticks. It is further submitted that the knife injury allegedly caused to the complainant was attributed to the co-accused, Praveen. It is also stated that the co-accused, Anit Kumar, having a similar role in the commission of the alleged offence, has already been admitted to bail by this Court vide order dated 07.08.2024. 3.

The application is resisted by learned APP for the State, who submits that the victim was beaten black and blue on the day of the incident. It is further submitted that as per the CCTV footage, it is seen that the present applicant has come on a motorcycle and caused injuries to the complainant all over his body. He also submits that as per the MLC report, the injuries The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

are opined to be simple and blunt. He, however, on instructions, submits that the applicant is not involved in any other case. Further, it is also stated that the chargesheet has been filed. However, the charge is yet to be framed and a total of 13 prosecution witnesses are have been cited. 4.

Considering the role attributed to the present applicant and the further fact that the injuries are opined to be simple and blunt and also the fact that the co-accused Anit Kumar having a similar role, has already been admitted to bail by this Court vide order dated 07.08.2024, 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 J.M. 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.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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. 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.

MANOJ KUMAR OHRI, J OCTOBER 16, 2024 akc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.