BAIL APPLN./1409/2017 of DHARMENDER Vs THE STATE NCT OF DELHI

Court: Delhi High Court
Decision date: 2017-07-25
Case number: 106 of 2017

Parties

DHARMENDER (PETITIONER)
THE STATE NCT OF DELHI (RESPONDENT)

Cites (1)

BAIL APPLN./1697/2020 of SHAHJADA IRFAN Vs THE STATE NCT OF DELHI (2020)

Statutes cited (1)

code of criminal procedure, 439 (1973)

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*IN THE HIGH COURT OF DELHI AT NEW DELHI+BAIL APPLN. 1409/2017

DHARMENDER

..... Petitioner

Through:Mr.B.S.Rana, Adv. with Mr.SatyamSisodia, Adv.

versus

THE STATE NCT OF DELHI

..... Respondent

Through:Mr.Panna Lal Sharma, APP for StateSI Karan Singh, Crime Branch

CORAM:HON'BLE MR. JUSTICE I.S.MEHTAO R R%25.07.2017

CRL.M.A.11726/2017

Exemption granted, subject to all just exceptions.

Application stands disposed of.

BAIL APPLN. 1409/2017

This is an application under Section 439 Cr.P.C. filed on behalf of thepetitioner seeking grant of regular bail in case FIR No.106/2017, underSections 25/54/59 Arms Act, registered at Police Station-Crime Branch.

Learned counsel for the petitioner submits that the petitioner is aninnocent person and allegations alleged in FIR No.106/2017, under Sections25/54/59 Arms Act, registered at Police Station-Crime Branch is false.Counsel for the petitioner further submits that the petitioner is in judicialcustody since 06.07.2017 and not required for further investigation in thepresent case. He has further submitted that trial is not likely to conclude in

near future and the continued incarceration of the petitioner will not serveany purpose and prays that the petitioner be released on regular bail.

On the other hand, learned APP for the State has vehemently opposedthe bail application and has submitted that two live cartridges and one pistolwas recovered.

Looking in the above facts and circumstances, since the investigationhas already been completed and the petitioner is stated to be in judicialcustody since 06.07.2017, no purpose would be served if the petitioner iskept in judicial custody as the trial is likely to take some time, consequently,the petitioner is granted bail on his furnishing bail bond in the sum ofRs.20,000/- with one surety of the like amount to the satisfaction of theconcerned Court below with the condition that he shall not influence theprosecution witnesses; he shall not tamper the prosecution evidence and heshould not leave India without prior permission of the Court below.

The present bail application is disposed of accordingly. However, thisorder shall not affect the merit of the case.

Copy of the order be given dasti, as prayed.

JULY 25, 2017/sr

I.S.MEHTA, J