Ayush v. The State NCT Of Delhi Through Sho
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ AYUSH .....Applicant Through:
Mr.
Siddharth Luthra, Senior Advocate with Ms.
Ishita Soni, Adv.
Applicant in person.
versus THE STATE NCT OF DELHI THROUGH SHO .....Respondent Through:
Mr.
Naresh Kumar Chahar, APP for the State Victim in person
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R
% 02.12.2024 CRL.M.A. 35697/2024 (for exemption) 1.
Exemptions allowed, subject to all just exceptions. 2.
The application stands disposed of.
BAIL APPLN. 4369/2024 & CRL.M.(BAIL) 1995/2024 (for interim bail) 3.
The present application is filed seeking bail in FIR No. 699/2022 dated 10.12.2022, registered at Police Station Rajouri Garden, for the offence under Sections 308/34 of the Indian Penal Code, 1860.
4.
The applicant, by order dated 28.10.2024, was directed to be released on interim bail by the learned Trial Court from 25.11.2024 to 03.12.2024 in order to prepare and appear in Common Law Admission Test, 2025.
5.
The applicant is present in Court today.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
6.
The learned senior counsel for the applicant submits that the victim has settled his disputes with all the accused persons. He submits that the accused persons and the victim, at the time of incident, were studying in the same college and a minor dispute led to the altercation between them.
7.
He submits that the parties have since resolved their disputes and decided to move on in life.
8.
The victim is present in Court today and states that he has settled all his disputes with the applicant. He submits that he has no objection if the applicant is released on bail. 9.
The applicant has spent more than twenty months in custody.
10.
Charge sheet has already been filed in the present case as well.
11.
In such circumstances, in the opinion of this Court, no purpose will be served by subjecting the applicant to further incarceration and the applicant is entitled for an order of bail. 12.
The applicant, at the moment, is on interim bail. 13.
In view of the above, the present application is allowed. The applicant is admitted on bail on the strength of the bail bonds and the surety furnished by him pursuant to order dated 28.10.2024, on the following terms and conditions: a. The applicant 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;
b. The applicant shall under no circumstance leave the country without the permission of the learned Trial Court;
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
c. The applicant shall appear before the learned Trial Court as and when directed;
d. The applicant shall provide the address where he would be residing after his release and shall not change the address without informing the concerned IO/ SHO;
e. The applicant shall, upon his release, give his mobile number to the concerned IO/SHO and shall keep his mobile phone switched on at all times.
15.
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. 16.
It is clarified that any observations made in the present order are for the purpose of deciding the present bail application 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. 17.
The bail application is allowed in the aforementioned terms.
AMIT MAHAJAN, J DECEMBER 2, 2024 "SS"
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.