Vineet Singh v. State

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + VINEET SINGH ..... Petitioner Through:

Mr. Aditya Vashishath with Mr.

Vaibhav Sharma, Advocates.

versus STATE ..... Respondent Through:

Mr. Amit Ahlawat, APP for State with SI Ishwar Singh, P.S. Jaitpur.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 09.10.2018 CRL.M.A. 33932/2018 (exemption) Allowed, subject to all just exceptions.

The petitioner was arrested during the course of investigation into FIR no. 28/2018 of Police Station Jaitpur involving offences punishable under sections 308/341/34 IPC on 27.08.2018. He has been in judicial custody ever since. As per the status report, the investigation qua him is also complete and a supplementary charge-sheet is to be filed in near future in continuation of the charge-sheet against the three other persons which was submitted on 17.05.2018. The case relates to an incident that allegedly took place on 22.01.2018. Noticeably, in the first statement made on 22.01.2018, more than 20 hours after the incident, the first informant had

mentioned the involvement of four persons in the crime, two of them Tarun and Chhotu, being named, there being no description of the others. The FIR would state that when the first informant (victim) was approached initially in the wake of the DD entry no.3A, he was unfit for statement. The name of the petitioner is shown to have come up by supplementary statement purportedly recorded later on 22.01.2018. In the said supplementary statement there is no explanation as to why the victim was unable to mention the petitioner by name when he was known to him from before. Therefore, the application is allowed. In the facts and circumstances set out above, case for release on bail is made out. Granted accordingly subject to the following conditions:- (i).

The petitioner shall furnish a personal bond in the sum of Rs.20,000/- with one surety in like amount to the satisfaction of the trial court. (ii).

Prior to his release, he shall give the telephone numbers of self and of at least one other responsible family member besides that of the surety to the trial court.

(iii). He shall join the investigation as and when called upon by the investigating officer to do so.

(iv). He shall scrupulously appear at each and every stage of the proceedings before the trial court so as not to cause any obstruction or delay to its progress.

(v). He shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(vi). He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; and The bail application is disposed of in these terms. A copy of this order shall be transmitted to the jail authorities and to the trial court.

Dasti under the signatures of Court Master.

R.K.GAUBA, J OCTOBER 09, 2018 srb