Lakhan v. State (Govt. Of NCT Of Delhi)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN 2048/2016 LAKHAN ..... Petitioner Through:

Mr. Kushal Raj Gupta, Advocate versus THE STATE OF NCT OF DELHI & ANR.

..... Respondent Through:

Ms. Anita Abraham, APP with ASI Yashpal Singh, PS Paschim Vihar

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 11.11.2016 The petitioner has preferred the present bail application to seek regular bail in case FIR No.344/2016 dated 25.08.2016 u/s 392/411 IPC registered at PS Paschim Vihar, Delhi. The petitioner is in judicial custody since 26.08.2016. The charge sheet stands filed and charges have been framed.

The submission of learned counsel for the petitioner is that the incident occurred on a trivial matter. The petitioner had hired a rickshaw and there was a dispute with regard to the charges which the petitioner offered at the time of completion of the journey. On that basis, the complaint came to be registered alleging forcibly taking of Rs.100/- from the shirt pocket of the complainant by showing a broken beer bottle. Learned counsel submits that the beer bottle has not been recovered.

It is informed by the learned APP that the matter is now fixed on 26.11.2016 for recording evidence of the prosecution witnesses. Let the complainant be examined first before the trial court before any other witness.

No other earlier involvement of the petitioner has been reported and he has a clean past.

Learned counsel for the petitioner submits that the petitioner undertakes not to try to influence or coerce or pressurise any of the prosecution witnesses including the complainant. In view of the aforesaid, the petition is allowed. The petitioner is directed to be released on bail upon his furnishing personal bond with one surety in the sum of Rs.10,000/- to the satisfaction of the trial court. The petitioner shall, however, not get in touch with the any of the prosecution witnesses including the complainant and not try to coerce or influence them. At the time of his release, the petitioner shall provide his mobile phone number and the same shall be kept in working condition at all times and shall not be changed without prior intimation to the court. Order dasti under the signatures of the Court Master. VIPIN SANGHI, J NOVEMBER 11, 2016 sr