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High Court of DelhiBAIL APPLN./564/2017

Nitin Sehrawat v. State

2017-03-28Hon'Ble Ms. Justice Mukta Gupta2 pages

64# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 564/2017 NITIN SEHRAWAT ..... Petitioner Represented by:

Mr. Rajiv Mohan and Mr.

Arjun Raghuvanshi, Advocates.

versus STATE ..... Respondent Represented by:

Mr. Amit ahlawat, APP for the State with Inspector Sheelawant Singh, PS BHD Nagar, Delhi.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 28.03.2017 Crl. M.A. No. 5347/2017 (Exemption) Allowed, subject to all just exceptions.

BAIL APPLN. 564/2017 1.

By this application the petitioner seeks interim bail on the ground that he has to sit in the examination of B.A., second year at Maharishi Dayanand University, Rohtak.

2.

Issue notice.

3.

Learned APP accepts notice on behalf of the State. 4.

Learned APP for the State on instructions submits that the factum of examination of the petitioner has been verified. He had to undertake seven papers for the remaining second term exams and fourth terms exams out of which two papers which were conducted on 25th and 27th March, 2017 could BAIL APPLN. 564/2017

not be performed by the petitioner as he was in custody. He still has five exams left which are scheduled for 29th March, 31st March, 1st April and 11th April, 2017.

5.

The learned Additional Sessions Judge dismissed the application of the petitioner on the ground that one of the witnesses of the present case namely Vipin Choudhary has been murdered. On a query put to the learned APP for the State whether the petitioner is one of the accused involved in the murder of Vipin Choudhary, learned APP on instructions submits that the petitioner has not been arrayed as an accused in the said case. Further the petitioner was earlier also granted interim bail for giving the first and second semester examinations from 30th November, 2016 to 24th December, 2016. 6.

Considering the fact that the petitioner has to sit in the examination of B.A., second year and left over papers of second term of B.A., 1st year exams, this Courts deems it fit to grant interim bail to the petitioner. The petitioner be released on interim bail for a period of two weeks from the date of his release on his furnishing a personal bond in the sum of ₹50,000/- with two sureties of the like amount, out of which one of the surety would be of a family member of the petitioner, subject to the satisfaction of the learned Trial Court. During the period of grant of interim bail the petitioner will not go near the village of the victim nor influence any of the witnesses nor tamper with the evidence of the case.

7.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MARCH 28, 2017/'vn'

BAIL APPLN. 564/2017