Amit Kumar Yadav v. The State (The Govt. Of NCT Of Delhi)

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 10205/2024 CRL.M.A. 39133/2024 AMIT KUMAR YADAV .....Petitioner Through:

Mr. Jaibhagwan, Advocate.

versus THE STATE (THE GOVT. OF NCT OF DELHI) .....Respondent Through:

Mr. Aman Usman, APP for State with SI Vikesh, PS: Najafgarh.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 24.12.2024 1.

This petition has been filed for the release, and discharge of original surety documents/R.C. filed by petitioner who had stood surety and deposited the original R.C. in proceedings under section 437A Cr.P.C for accused Rajinder Yadav before the ASJ-02.

2.

On 1st March 2021, in proceedings arising out of FIR 325/2014 under section 498A/304B/34 I.P.C. registered at P.S. Najafgarh. 3.

Accused was acquitted by the Trial Court on 26th February 2021, pursuant to which, the petitioner stood surety proceedings under Section 437A Cr.P.C. and deposited original RC of the vehicle. 4.

In August 2021, Criminal Appeal 246/2021was filed by complainants before this Court.

5.

By order dated 28th April 2023, the Division Bench of this Court The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2024 at 11:58:31

directed suspension of sentence of the accused, including Rajinder Yadav, (arrayed as a respondent no.3 in the appeal), who appeared before the Registrar (Appellate) on 10th May 2023, furnished personal bonds in the sum of Rs. 10,000/- and the surety of the like amount. 6.

On 10th May 2023, the record of proceedings before the Joint Registrar (Judicial) bears out that Rajinder Yadav appeared along with the sureties. Subsequently, on 09th August 2024, the verification report of R-5 surety was received. The personal bond and surety bond were verified and found to be correct and were accepted.

7.

In these circumstances, the petitioner seeks discharge of his surety which had been submitted in the Trial Court.

8.

Needless to say, petitioner is at liberty to move before the Trial Court with an appropriate plea in this regard and the application will be duly considered by the Trial Court expeditiously and in accordance with law. 9.

Accordingly, the petition is disposed of with the above directions. 10.

Order be uploaded on the website of this Court. ANISH DAYAL, J DECEMBER 24, 2024/RK/tk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2024 at 11:58:31