Brijesh v. State

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2607/2018 and Crl. M.A. 35506/2018 BRIJESH ..... Petitioner Through: Mr. Vikas Sharma and Mr.Nitish Negi, Advocates versus STATE ..... Respondent Through: Mr. Kewal Singh Ahuja, APP with Insp. Proshan

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 01.11.2018 The petitioner is facing trial in sessions case (1422/2016) arising out of the FIR no.507/2014 of police station Gazipur involving offences punishable under Sections 302, 201, 202, 34, 120B IPC. Some of the crucial witnesses whose testimony may have a bearing on the case against him have already been examined. The role attributed to the petitioner is that he had provided the weapon of offence and ammunition used in the crime to the prime accused Nikhil Rana, though no recovery from the petitioner of any incriminating material has been effected in such wake. There is no evidence concededly of the presence of the petitioner at the scene of crime. On parity with co-accused Parth Sharma who was released on bail by order dated 05.07.2018 on bail application (no.251/2018), the

petitioner is also granted bail subject to following conditions :- (i).

The petitioner shall furnish personal bond in the sum of Rs.50,000/- 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 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.

(iv). 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.

(v).

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 (vi). He shall not leave India without the prior permission of the trial court and to ensure due compliance with this condition and shall deposit his passport, if he holds one, with the said court; and The bail application and the application filed therewith are disposed of in these terms.

A copy of this order shall be transmitted to the jail authorities

and to the trial court.

Dasti.

R.K.GAUBA, J NOVEMBER 01, 2018 Yg