Vinod Bhati v. State (Govt Of NCT Of Delhi)

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2181/2015 VINOD BHATI ..... Petitioner Through:

Mr. Mahesh Sharma and Ms. P. Kumar, Advocates versus STATE (GOVT OF NCT OF DELHI) ..... Respondent Through:

Ms. Radhika Kolluru, APP with ASI Satyavir Singh, PS- Khyala

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 10.03.2016 The present is an application under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') seeking pre-arrest bail in FIR No.561/2015, under Sections 323/341/435/308/34 IPC, registered at Police Station- Khyala.

Ms. Radhika Kolluru, learned APP appearing on behalf of the State, on instructions from the IO in the subject FIR namely, SI Satyavir Singh, Police Station- Khyala states that the applicant has since joined investigation and is cooperating with the police.

In this view of the matter, the police does not seek custodial interrogation of the applicant.

In the present case, it is observed that the applicant has clean antecedents. The subject FIR, it is stated, is the consequence of a dispute between neighbours. It is also noticed that there is no hint or allegation that the applicant shall not be available to stand trial or that he shall tamper with the evidence or try to influence the witnesses.

In view of the aforesaid, the present application is allowed. In the event of his arrest, the applicant shall be released on bail on his furnishing a personal

bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the Arresting Officer/Station House Incharge subject to the further conditions that:- (i) The applicant shall continue to co-operate with the investigation and make himself available for questioning to a Police Officer as and when called upon to do so.

(ii) The applicant shall not try and influence witnesses or tamper with the evidence in the subject FIR. (iii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the present case so as to dissuade them from disclosing such facts to the Court or to any other authority.

With the above directions, the present application is allowed and disposed of accordingly.

SIDDHARTH MRIDUL, J MARCH 10, 2016 dn