Salman Khan v. The State (Govt Of NCT Of Delhi)
$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4423/2024, CRL.M.A. 36131/2024 SALMAN KHAN .....Petitioner Through:
Mr. Rajbir Singh Sagar, Advocate.
versus THE STATE (GOVT OF NCT OF DELHI) .....Respondent Through:
Mr. Laksh Khanna, APP for State with SI Sanjay Bansal and ASI Suman, P.S. Bhajan Pura.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 02.12.2024
O R D E R
1.
By way of present bail application, the applicant seeks anticipatory bail in FIR No. 675/2024 registered under Sections 140(3)/127(2)/115(2)/ 309(4)/351(2)/3(5) of BNS at P.S. Bhajanpura, Delhi. 2.
Learned counsel for the applicant submits that reading of the FIR would show that not only is the applicant not named, moreover, no role has been assigned to him. He submits that as per the prosecution case, it is one Saurabh Kumar who was a colleague of the complainant in Rachna Sagar Pvt. Ltd who has been named in the FIR. It is alleged that the on the day of the incident, the applicant had accompanied Saurabh Kumar whereafter two other accused persons are stated to have taken the complainant away and robbed him of his valuables. The act of robbery is not attributed to the present applicant. Lastly, it is submitted that applicant is not involved in any other case.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
Ld. APP for the State, on the other hand, has opposed the bail application by contending that complainant has alleged that he was initially abducted and later robbed. It is submitted that custodial interrogation of applicant is required as the identity of two other accused persons, who came on a scooty, is yet to be ascertained. Ld. APP also submits that address of the applicant is still not verified. Ld. APP however, on instructions, concedes that applicant is not found to be involved in any other case. 4.
At this stage, ld. counsel for the applicant, on instructions, submits that applicant is ready and willing to join the investigation as and when he is directed to do so.
5.
I have heard the learned counsels for the parties and perused the material on record.
6.
Co-accused Saurabh Kumar, who was complainant's colleague, is already in custody. During the course of submissions, ld. APP, on instructions, has stated that applicant is not the one who had come on the scooty and robbed the complainant. The applicant is also stated to be not involved in any other case. Considering the totality of the facts and circumstances, it is directed that in the event of arrest applicant be released on anticipatory bail subject to him furnishing a personal bond in the sum of ₹25,000/- with one surety of like amount to the satisfaction of the Arresting Officer/Investigating Officer/SHO of the concerned Police Station and also subject to the following further conditions:- (i) At the time of furnishing bail bond, the applicant shall provide the mobile number, which he undertakes to keep operational at all times during the pendency of the trial.
(ii) The applicant shall join the investigation today at 4 pm and on any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
other day as and when, he is asked for.
(iii) The applicant shall inform the concerned Investigating Officer about his current residential address.
(iv) In case of change of residential address/contact details, the applicant shall promptly inform the same to the concerned Investigating Officer/SHO. (v) The applicant shall not directly or indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the evidence.
(vi) The applicant shall regularly appear before the Trial Court as and when the charge sheet is filed.
7.
The bail application is disposed of in the above terms alongwith pending application.
MANOJ KUMAR OHRI, J DECEMBER 2, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.