Mohd Danish v. State (NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2142/2016 MOHD DANISH ..... Petitioner Through:

Mr.Nitin Joshi, Advocate.

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

Ms.Kusum Dhalla, APP for State.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 09.11.2016 Crl.M.A.No.17199/2016 in BAIL APPLN. 2142/2016 This is an application under Section 482 Cr.P.C. filed on behalf of the petitioner seeking correction in the order dated 20th October, 2016. Heard learned counsel for the applicant and perused the record. For the reasons stated in the application, the prayer is allowed and the necessary correction in the order dated 20th October, 2016 is made, which reads as under:- "Crl.M.A.No.16298/2016 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

BAIL APPLN. 2142/2016 This is an application under Section 439 Cr.P.C. filed on behalf of the petitioner seeking grant of regular bail in case FIR No.712/2015, under Sections 195A/307/34 IPC and Sections 25/54/59 Arms Act, registered at Police Station Farsh Bazar, Delhi. Learned counsel for the petitioner submits that the petitioner is an innocent person

having no nexus with the allegations made in the FIR No.712/2015. Counsel further submits that the allegations alleged in the FIR are false and baseless and no bullet fire injury was caused on the person of the complainant. He further submits that the petitioner is in judicial custody since 01.09.2015 and further submitted that no fruitful purpose would be served by keeping the petitioner further in judicial custody and prays that the petitioner may be released on bail.

Notice. Learned APP for the State accepts notice and vehemently opposes the grant of bail to the petitioner on the ground that the petitioner is very much involved in a very heinous crime under Section 307 IPC.

I have heard the learned counsels for the parties and have given thoughtful consideration to the arguments advanced by them. It is an admitted fact that there is no fire arm injury caused on the person of the complainant.

Hence, considering the facts and circumstances and the fact that the petitioner is in judicial custody since 01.09.2015 and that no further investigation is required to be conducted, I admit the petitioner on bail on his furnishing bail bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the concerned Trial Court subject to the condition that the petitioner shall not leave the country without the prior permission of the Court concerned and shall not tamper with the prosecution evidence in any manner.

Application stands disposed of".

The present application stands disposed of.

Copy of the order be given dasti to the counsel for the applicant/petitioner, as prayed.

I.S.MEHTA, J NOVEMBER 09, 2016 'dc'