Vijay v. State

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2174/2016 VIJAY ..... Petitioner Through:

Mr. Sumit Kumar, Advocate.

versus STATE ..... Respondent Through:

Ms. Radhika Kolluru, APP for the State.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 27.10.2016 Though status report has not been filed, learned APP submits that the charge-sheet is ready and shall be filed during the course of the day. She further submits that the investigation is complete. The submission of learned counsel for the petitioner is that the petitioner has no criminal antecedents. A quarrel took place between the petitioner and the injured and both of them got injuries, though the injuries suffered by the complainant/ injured in the present case was more. Learned counsel for the petitioner further submits that the petitioner is a poor person, who has a small child and a pregnant wife. He is a daily wager and is in incarceration for the last 49 days and this has left the family

of the petitioner in a very difficult condition. Learned counsel for the petitioner submits that the petitioner is ready & willing to be subjected to whatever conditions this Court may impose with regard to future conduct. Ms. Kolluru submits that there are two public witnesses, namely, the complainant and his brother, who have to be examined. In view of the aforesaid circumstances, I am inclined to allow this petition. The petitioner is directed to be released on bail upon his furnishing personal bond in the sum of Rs.10,000/- to the satisfaction of the Trial Court. This is subject to the condition he shall provide his mobile phone number to the Jail Superintendent at the time of his release, which shall be kept in working condition at all times. The same shall not be changed without prior intimation to the Trial Court.

He shall not contact either the injured or the other witnesses in the case, nor take up any quarrel, or threaten them in any manner. He shall maintain good and proper conduct. Since the petitioner and the complainant/ injured reside in each other's vicinity in the same neighbourhood, the Beat Constable of the area is also directed to keep a strict vigil on the movement and activities of the petitioner to prevent any untoward incident involving the petitioner and the injured or his family members.

The petition stands disposed of in the aforesaid terms. Order dasti under the signatures of the Court Master. VIPIN SANGHI, J OCTOBER 27, 2016 B.S. Rohella