Naeem v. State

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2510/2016 NAEEM ..... Petitioner Through:

Ms. Shama, Advocate versus STATE ..... Respondent Through:

Ms. Radhika Kolluru, APP

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 01.10.2018 The learned counsel for the respondent/State relies upon the judgment of the Supreme Court in Anil Kumar Yadav vs. State AIR 2017 SC 5398. She submits that the accusation against the petitioner is grave and since her case is one of circumstantial evidence, obviously, there would be no direct evidence.

Be that as it may, the petitioner has been incarcerated for 5 years and 5 months. None of the public witnesses have supported the prosecution case. The evidence led by the prosecution during the trial would be appreciated in due course. According to the Nominal Roll handed over by the learned counsel for the State, the petitioner was last released on interim bail from 2nd to 15th April, 2018 while the trial was going on and he has not misused the liberty so granted.

In view of the above, the petitioner is enlarged on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the

like amount to the satisfaction of the Trial Court concerned, subject to the following conditions:- (i) the petitioner will regularly appear on each and every date of hearing to be fixed by the Trial Court concerned;

(ii) the petitioner will not try to influence, contact or meet the complainant and prosecution witnesses in any manner; (iii) the petitioner will not leave the country without prior permission of the Court and the passport, if any, shall be deposited with the Trial Court concerned; and (iv) in case of change of his new address or contact number, the petitioner will promptly intimate to the SHO/IO of the case and intimate the Trial Court.

The petition stands disposed-off in the above terms. Nothing stated in this order shall be deemed to be an adjudication on the merits of the case.

The Registry is directed to send a copy of this order to the Jail Superintendent, concerned for compliance. Additionally, a copy of the same shall also be delivered upon the Jail Superintendent through the police. A copy of this order be given dasti to the learned counsel for the parties under the signature of the Court Master. NAJMI WAZIRI, J OCTOBER 01, 2018 rd