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High Court of DelhiBAIL APPLN./2595/2017

Santosh Singh v. State

2017-12-18Hon'Ble Ms. Justice Anu Malhotra2 pages

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2595/2017 SANTOSH SINGH ..... Petitioner Through:

Mr.G.P.Thareja, Advocate versus STATE ..... Respondent Through:

Mr.Ashish Dutta, APP for State with SI Vijay Kumar, PS Mayur Vihar

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 18.12.2017 Crl.M.A. No.20389/2017 (Exemption) Exemption allowed, subject to just exceptions. Bail Appln. 2595/2017 Initial submissions made on behalf of either side. It has been submitted on behalf of the applicant that the allegations in relation to the commission of the offence punishable under Sections 394/365/511/323/341/34 have been subsequently added beyond the commission of the offences punishable under Section 323/341/34 IPC, 1860 with much delay to falsely implicate the applicant herein so that the offences committed by the applicant become non-bailable.

It is submitted on behalf of the applicant placing reliance on the initial inquiry conducted in relation to the FIR to the effect that the initial investigation was only qua a situation of an assault i.e., Maar

Peet, and it had been subsequently observed to the effect that there was no corroboration in relation to snatching of money and the gold chain belonging to the complainant in relation to which it is submitted on behalf the State that a written complaint vide DD No.50 has been submitted after the commission of the said offence. It is further submitted on behalf of the State that NBWs have been issued against the applicant. It is also submitted on behalf of the State that there are no previous adverse antecedents against the applicant.

It is submitted on behalf of the applicant that he is willing to deposit the amount of Rs.23,000/- which is alleged to have been robbed and shall be deposited by the applicant before the learned trial court within a period of two days.

In view thereof, subject to the applicant joining the investigation, not leaving the country, not intimidating the witnesses and subject to his depositing Rs.23,000/- within a period of two days before the learned Trial Court, the applicant is allowed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial court. A copy of order be given dasti, as prayed.

ANU MALHOTRA, J DECEMBER 18, 2017/sv