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High Court of DelhiBAIL APPLN./2351/2017

Rinku @ Sagar v. The State Govt Of NCT Of Delhi

2017-11-17Hon'Ble Ms. Justice Pratibha Rani2 pages

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2351/2017 RINKU @ SAGAR ..... Petitioner Through:

Mr.Pranay Abhishek, Advocate.

versus THE STATE GOVT OF NCT OF DELHI ..... Respondent Through:

Ms.Rajni Gupta, APP for the State.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 17.11.2017 1.

The petitioner has filed the instant application under Section 439 Cr.P.C. on rejection of his prayer for release of interim bail in case FIR No.115/2016 under Section 307/147/148/149/34 IPC and under Section 25/54/59 Arms Act, PS Rani Bagh by learned ASJ-04, North West District, Rohini Court, Delhi.

2.

Notice. Learned APP for the State accepts notice. 3.

Learned counsel for the petitioner has submitted that vide order dated 13th November, 2017 the petitioner has been granted interim bail w.e.f. 16th November, 2017 to 24th November, 2017 by the learned Sessions Judge, North West District, Rohini Court, Delhi in case FIR No.31/2017 under Section 392/394/397/34 IPC and under Section 27 Arms Act, PS Rani Bagh to enable him to attend the marriage of his younger brother. The petitioner also applied for interim bail in case FIR No.115/2016 under Section 307/147/148/149/34 IPC and under Section 25/54/59 Arms Act, PS Rani Bagh on the same ground i.e. to attend the marriage of his younger brother, which prayer has been declined by learned ASJ-04, North West District vide order dated 14th November, 2017. and it has the effect that now the BAIL APPLN. 2351/2017

petitioner is unable to come out despite being granted interim bail in case FIR No.31/2017, PS Rani Bagh.

4.

Taking into consideration that the factum of marriage of younger brother of the petitioner has already been verified and to enable him to attend the marriage and other ceremonies, the petitioner has been granted interim bail w.e.f. 16th November, 2017 to 24th November, 2017 by the learned Session Judge, North West District in case FIR No.31/2017, PS Rani Bagh but he is not able to avail the interim bail as his application for seeking interim bail in case FIR No.115/2016, PS Rani Bagh has been rejected by learned ASJ-04, North West District, Delhi, the petitioner is granted interim bail till 24th November, 2017 in case FIR No.115/2016 under Section 307/147/148/149/34 IPC and under Section 25/54/59 Arms Act, PS Rani Bagh on his furnishing personal bond in the sum of ₹30,000/- with one surety in the like amount to the satisfaction of learned Trial Court/link Court.

5.

The petitioner is directed to surrender before the concerned Jail Superintendent on 25th November, 2017 and also to file the photographs of the ceremonies of his brother's marriage.

6.

Bail application is allowed.

7.

As prayed, copy of the order be given dasti to learned counsel for the petitioner under the signature of Court Master. PRATIBHA RANI, J NOVEMBER 17, 2017 'st'

BAIL APPLN. 2351/2017