Haider Ali Chotta v. State (Govt Of NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2130/2015 HAIDER ALI CHOTTA ..... Petitioner Through Mr.M.N.Dudeja, Adv.

versus STATE (GOVT OF NCT OF DELHI) ..... Respondent Through Mr. Raghuvinder Varma, APP for the State.

SI Amit Dutt PS Gandhi Nagar.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 19.11.2015 The petitioner seeks bail in connection with FIR No.672/2014 (PS Gandhi Nagar) instituted for offences under Sections 147/148/149/323/307/34 of the IPC.

The informant in his First Information Report has alleged that there was some dispute with respect to the ancestral property between his aunts and maternal uncles. It was in this connection that the children of the aunt of the informant had come to the place of occurrence to threaten and intimidate one of the maternal uncles of the informant. A scuffle is said to have taken place, where most of the accused persons arraigned in the present FIR, have been alleged to have assaulted different persons. The petitioner is said to have assaulted one Naeem @ Chand who had come to the rescue of the informant by means of an iron instrument. It has been submitted on behalf of the petitioner that the injuries

suffered by Naeem @ Chand have been opined to be simple in nature caused by hard and blunt substance.

The petitioner is in custody since 24.02.2015. Mr.Raghuvinder Varma, APP, however, submits that after submission of chargesheet and framing of charges, trial has ensued. In the trial, 7 witnesses have been examined who have more or less supported the prosecution version. There are 26 cited witnesses in the chargesheet. Considering the nature of accusation and the period of custody of the petitioner, he is directed to be released on bail on his furnishing a bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the Trial Court.

The petitioner shall not evade participating in the trial. In case of his attempt to do so, the Trial Court is directed to take necessary coercive steps against him for ensuring his presence at the trial including cancellation of his bail and taking him into custody. Application is disposed of accordingly.

A copy of the order be given dasti under the signatures of the Court Master.

ASHUTOSH KUMAR, J NOVEMBER 19, 2015 ab