Mohd Tabrez v. The State

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 499/2018 & CRL.M.A. 4053/2018 MOHD TABREZ ..... Petitioner Through:

Mohd. Noorullah, Adv.

versus THE STATE ..... Respondent Through:

Mr. Raghuvinder Varma, APP for State with SI Ramavtar, PS Nabi Karim.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 01.03.2018 On behalf of the applicant it has been submitted that applicant seeks the grant of anticipatory bail submitting to the effect that the other accused in the instant case are on bail in relation to which it has been submitted on behalf of the State that there is no parity between the case of the other accused who has been earlier in custody and have been granted regular bail and their applications seeking anticipatory bail filed had been declined by the Court. Inter alia on behalf of the applicant it has been submitted that there is no role that has been alleged against the applicant as per the averments made in the FIR and as brought forth through the proceedings in Bail Appl. No. 404/2018, dated 30.01.2018 before the Court of Special Judge (PC Act), CBI-02, THC, Delhi, the role ascribed to the applicant is that he accompanied the other accused persons to proceed to enter the house of the brother of the

complainant.

It has been submitted on behalf of the State that the presence of the applicant would be required for recovery of weapons of offence. Without any observations on the merits or demerits of the case taking into account the factum that as per the averments in the FIR, the allegations against the applicant are that he accompanied the other co-accused while moving towards the house of the brother of the complainant and the factum that there are no previous adverse antecedents against the applicant, in the event of arrest, the applicant is allowed to be released on bail on his furnishing a bail bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the learned trial Court with directions that he shall join the investigation as and when required by the Investigating Agency and he shall not leave the country, shall not tamper with the evidence, shall not intimidate the witnesses and shall not commit any offence whatsoever.

Copy of the order be given Dasti, as prayed.

ANU MALHOTRA, J MARCH 01, 2018 vm