High Court of DelhiBAIL APPLN./499/2017

Rajesh @ Dildil v. The State

2017-03-21Hon'Ble Mr. Justice I.S.Mehta2 pages

$~29 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 499/2017 RAJESH @ DILDIL ..... Petitioner Through Mr.Baldev Raj, Adv.

versus THE STATE ..... Respondent Through Mr.Raghuvinder Varma, APP for the State S.I Sukhi Ram, P.S Rohini (North)

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 21.03.2017 Crl. M.A. 4726/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

Bail Appln. 499/2017 This is an application under Section 439 Cr. P.C. filed on behalf of the petitioner for grant of bail in case FIR No.144/2016, under Sections 186/353/307/34 IPC & under Sections 25/27 of Arms Act, 1959, registered at Police Station North Rohini.

Counsel for the petitioner has submitted that the petitioner is an innocent person and the allegations as alleged in the aforesaid FIR are false and baseless. Counsel further submits that the petitioner is not required for further investigation and he is in judicial custody since 02.03.2016. Counsel further submits that there is no bullet injury on the person of the police to make out the case under Section 307 IPC. He further submits that no

purpose would be served, if the petitioner is kept in J.C and accordingly prays that the petitioner may be released on bail. Learned APP for the State, on the other hand, vehemently opposes the bail application and submitted that 104 cases are registered against the petitioner. He further submits that the petitioner has fired on the person of the police and one pistol and three rounds of cartridges were recovered from the present petitioner.

Heard learned counsel for the petitioner and learned APP for the State and perused the record.

Keeping in view the fact that the petitioner is in J.C. since 02.03.2016 and no injury on the person of the police has been found, I admit the petitioner on bail, on his furnishing bail bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned MM with the condition that he shall not leave India without prior permission of the Court below and shall not tamper with the prosecution evidence. He shall also make his presence to the Police Station Rohini North on first day of each English Calendar Month till the disposal of the case. The application is allowed and stands disposed of in the above terms. Copy of this order be given dasti, as prayed. I.S.MEHTA, J MARCH 21, 2017/km