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High Court of DelhiBAIL APPLN./2037/2016

Shahzad @ Raja v. State Of NCT Of Delhi

2016-10-06Hon'Ble Mr. Justice S.P.Garg2 pages

$~33 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2037/2016 SHAHZAD @ RAJA ..... Petitioner Through :

Mr.G.P.Thareja, Advocate with Mr.Satyam Thareja, Advocate.

versus STATE OF NCT OF DELHI ..... Respondent Through :

Ms.Manjeet Arya, APP with SI Shailendra K.Singh, PS Bhajanpura.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 06.10.2016 1.

The petitioner seeks interim bail in case FIR No.264/2016 registered under Sections 307/34 IPC and Section 27 Arms Act at PS Bhajanpura. Status report is on record.

2.

I have heard the learned counsel for the parties and have examined the file.

Learned counsel for the petitioner urged that presence of the petitioner is required to provide emotional confidence in the wife who is having pregnancy of thirty-six weeks' duration. The petitioner is in custody since 21.03.2016 and the injuries sustained by the victim who is confined in jail are 'simple' in nature. 3.

The impugned order records that the statement of the complainant is yet to be recorded. The Trial Court has indicated to consider the application for grant of regular bail on merits after examination of the complainant. There are serious allegations against BAIL APPLN. 2037/2016

the petitioner whereby allegedly the victim was stabbed on the vital organ i.e. abdomen.

4.

On enquiry, it was informed that the petitioner has already two children.

Status report reveals that the petitioner's wife is staying with her parents and brother. Apparently, presence of the petitioner at the time of delivery is not required.

5.

Considering the facts and circumstances of the case, I find no sufficient ground for grant of interim bail.

The bail application is dismissed.

S.P.GARG, J OCTOBER 06, 2016 / tr BAIL APPLN. 2037/2016