Mohsin Raza v. State NCT Of Delhi
$~7 & 8 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3778/2024 MOHSIN RAZA .....Applicant Through:
Mr. M.S. Khan, Ms. Neha Khan and Ms. Shaziya, Advs.
versus STATE NCT OF DELHI .....Respondent Through:
Mr. Sunil Kumar Gautam, APP for the State with SI Manish, PS Paharganj.
Mr. Arun Saxena, Adv. for the complainant with the complainant in person.
+ BAIL APPLN. 3779/2024 SADAN .....Applicant Through:
Mr. M.S. Khan, Ms. Neha Khan and Ms. Shaziya, Advs.
versus STATE NCT OF DELHI .....Respondent Through:
Mr. Sunil Kumar Gautam, APP for the State with SI Manish, PS Paharganj.
Mr. Arun Saxena, Adv. for the complainant with the complainant in person.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R
% 28.10.2024 CRL.M.A.
31390/2024 in BAIL APPLN.
3778/2024 (exemption from filing certified copies of annexures) CRL.M.A.
31391/2024 in BAIL APPLN.
3779/2024 (exemption from filing certified copies of annexures) 1.
Exemptions allowed, subject to all just exceptions. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
2.
The applications stand disposed of.
3.
The present applications are filed seeking regular bail in FIR No 528/2024 dated 06.09.2024, registered at Police Station Pahar Ganj, for offences under Sections 110/324(4)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
4.
Briefly stated, the FIR was registered pursuant to the allegation that brutal beatings were given to the victim namely - Mohd. Jilani. It is alleged that the victim used to work in a hotel and on the date of the alleged incident, on demanding the room rent, the accused persons/applicants who came in a drunken state, gave beatings to the victim. The applicants were arrested on 07.09.2024.
5.
The learned counsel for the applicants submits that the parties are related to each other and the alleged incident took place on a misunderstanding.
6.
He submits that the applicants are also willing to compensate the victim by paying a sum of ₹50,000/- for the medical expenses incurred by him.
7.
The complainant / victim is present in Court today along with the learned counsel. On being asked, he states that since the accused persons are related to him and they have also agreed to compensate him, he has no grievance against them and has no objection if they are admitted on bail.
8.
Considering that the complainant has no grievance against the applicants, the applicants are directed to be released on bail, on them furnishing personal bond of ₹25,000/- each with one surety each of the like amount subject to the satisfaction of the learned Trial Court, on the following conditions : The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
i.
The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case or tamper with the evidence of the case, in any manner whatsoever;
ii.
The applicants shall under no circumstance leave the country without the permission of the learned Trial Court;
iii.
The applicants shall appear before the learned Trial Court as and when directed;
iv.
The applicants shall provide the addresses where they would be residing after their release and shall not change the addresses without informing the concerned IO/ SHO;
v.
The applicants shall, upon their release, give their mobile numbers to the concerned IO/SHO and shall keep their mobile phones switched on at all times.
9.
The learned counsel for the applicants submits that the compensation amount of ₹50,000/- would be paid to the victim within a period of two days.
10.
Let the proof of deposit of the compensation amount be submitted to the concerned Investigating Officer. 11.
In the event of there being any FIR/DD entry / complaint lodged against the applicant, it would be open to the State to seek redressal by filing an application seeking cancellation of bail. 12.
It is clarified that any observations made in the present order are for the purpose of deciding the present bail applications The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
and should not influence the outcome of the trial and also not be taken as an expression of opinion on the merits of the case. 13.
The bail applications are allowed in the aforementioned terms.
14.
A copy of this order be placed in both the matters. AMIT MAHAJAN, J OCTOBER 28, 2024 'KDK'
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.