Sunil @ Ballu v. State

$~4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 757/2018 SUNIL @ BALLU ..... Petitioner Through:

Ms.Inderjeet Sidhu, Advocate (DHCLSC).

versus STATE ..... Respondent Through:

Mr.Ashish Dutta, APP for the State with Inspector Shivcharan Meena from PS-Old Delhi Railway Station.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 26.07.2018 The case against the petitioner arises out of the report under Section 173 of the Code of Criminal Procedure, 1973 on conclusion of the investigation into the FIR No.699/2015 of Police Station-Old Delhi Railway Station involving offences punishable under Sections 302/394/397/34 of Indian Penal Code.

The case is pending trial before the Court of Sessions where the prosecution evidence is being recorded. On the basis of some evidence which has come on record, the applicant had approached the Additional Sessions Judge for release of bail arguing that the case against him is unfounded and incredible, witnesses who have identified him being not worthy of reliance.

The Additional Sessions Judge, by his order dated BAIL APPLN. 757/2018

11.01.2018, rejected the bail application.

Thereafter, the present application has been moved before this Court. As is noted in the order of Court of Sessions, the applicant was also identified positively in the Test Identification Parade.

Having regard to the aforesaid facts, it cannot be concluded that the case against the applicant is unfounded.

Having regard to the gravity of the charges involved, release on bail will not be justified at this stage. Accordingly, the present application/petition is dismissed. R.K.GAUBA, J JULY 26, 2018 ssc BAIL APPLN. 757/2018