Amit v. State

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 408/2017 AMIT ..... Petitioner Through:

Mr.U.M.Tripathi, Advocate.

versus STATE ..... Respondent Through:

Mr.Raghwinder Varma, APP for State

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 07.03.2017 Crl.M.A.No.3918/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

BAIL APPLN. 408/2017 This is an application under Section 439 Cr.P.C. moved on behalf of the petitioner for grant of bail in case FIR No.426/2015, under Sections 323/324/341/427/452/308/34 IPC, registered at Police Station Rajouri Garden, Delhi.

Learned counsel for the petitioner has submitted that the petitioner is a law-abiding and peace loving citizen and the allegations as alleged in the FIR are false and baseless. Counsel further submits that there is no evidence qua against the present petitioner and the petitioner is in judicial custody

since 14.10.2016 and the charge-sheet has already been filed in the Court and charge has also been framed and the case is fixed for prosecution evidence and further submitted that no purpose would be served if the petitioner is kept in J/C for further period. Notice.

Learned APP for the State accepts notice and opposes the grant of bail to the petitioner and submitted that there are eleven cases pending against the present petitioner at Police Station Khyala and if the petitioner is released on bail he shall tamper with the prosecution evidence and would extend threats to the witnesses.

Keeping in view the facts and circumstances and the fact that the petitioner is in judicial custody since 14.10.2016 and the case is fixed for prosecution evidence and further trial of the case may take some time, in these circumstances, I admit the petitioner on bail, on his furnishing bail bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the concerned MM, subject to the condition that he shall not leave the country without prior permission of the Court below and shall not visit the house of the complainant and shall not extend threats to the prosecution evidence and shall not tamper with the prosecution evidence. The application is allowed and stands disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J MARCH 07, 2017 'dc'