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High Court of DelhiBAIL APPLN./2445/2017

Babloo v. The State Govt Of NCT Of Delhi

2017-11-29Hon'Ble Ms. Justice Pratibha Rani2 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2445/2017 BABLOO ..... Petitioner Through:

Mr.Pradeep Gupta, Mr.Parinav Gupta, Ms.Mansi Gupta & Mr.Sushil Kumar Gupta, Advocates versus THE STATE GOVT OF NCT OF DELHI ..... Respondent Through:

Mr.Kewal Singh Ahuja, APP for the State

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 29.11.2017 CRL.M.A.19690 & 19691 of 2017 1.

Exemption allowed, subject to all just exceptions. 2.

The application is disposed of.

BAIL APPLN.2445/2017 1.

By way of this application filed under Section 439 Cr.P.C., the petitioner is seeking regular bail in FIR No.792/2015, under Section 307 IPC, PS Govind Puri.

2.

Notice. Learned APP as above accepts notice on behalf of the State. 3.

Learned counsel for the petitioner has submitted that the petitioner is in custody since 14th June, 2015 and the material prosecution witnesses have already been examined. It has also been submitted that though PW-2 & 3, BAIL APPLN. 2445/2017

the public witnesses did not support the prosecution case, the bail has been declined by the learned Trial Court mainly on the ground that the victim has supported the case of the prosecution.

4.

Learned counsel for the petitioner has also referred to the contents of the FIR and the final report as per which initially offence was registered under Section 324 IPC and later on it was converted to Section 307 IPC. While referring to the fact that the petitioner himself surrendered in the Court and was arrested in this case, it is contended that there is no apprehension that the petitioner would be absconding. 5.

Learned APP for the State has opposed the application on ground of seriousness of the offence.

6.

Taking into consideration that the petitioner is in custody for 2 1⁄2 years and the material prosecution witnesses have already been examined, the petitioner is ordered to be released on bail on his furnishing a personal bond in the sum of ₹50,000/- with one surety of the like amount to the satisfaction of the learned Trial Court/Link Court. 7.

The application is disposed of.

8.

A copy of the order be given dasti to learned counsel for the petitioner under the signature of the Court Master.

CRL.M.B.2118/2017 (interim bail) Dismissed as infructuous.

PRATIBHA RANI, J.

NOVEMBER 29, 2017 'hkaur'

BAIL APPLN. 2445/2017