BAIL APPLN./1849/2017 of FULDHAN MIRDHA @ RADHE Vs THE STATE NCT OF DELHI

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ BAIL APPLN. 1849/2017 FULDHAN MIRDHA @ RADHE

..... Petitioner

Through Mr. Ramesh Kainthla, Adv.

versus

THE STATE NCT OF DELHI

..... Respondent

Through Mr. Ashish Dutta, APP for the State SI Sonu Singh, PS Ghazipur

CORAM:HON'BLE MS. JUSTICE ANU MALHOTRA

O R R29.01.2018

The status report of the State is on the record in terms of the proceedings dated 14.9.2017. Pursuant to the proceedings dated 18.12.2017 statements under Section 161 Cr.P.C. of three witnesses Shri Nasiruddin, Shri Sirajuddin and Ms. Khushbunissa have been submitted by the Stater to contend that the applicant had been threatening them that in the event of Khushbunissa not marrying him he would get her brother implicated in false case.

The applicant is in custody since 12.3.2017 as per the status report. As per the status report submitted, on receipt of PCR call vide DD No.29A, PS Ghazipur the investigating officer reached the spot near Murga Mandi flyover where the applicant was found in an Bail App. No. 1849/2017 page 1 of 3

injured condition and was taken to the LBS hospital. The MLC of the injured and opinion of the doctor indicated assault and gun shot injury. The applicant had been interrogated and he allegedly kept changing his statements and also informed that he was in contention with Siraajuddin @ Sonu i.e. the brother of Khusbunisha as Siraajuddin was not performing his sister‟s marriage with him and threatened him to falsely implicate him in false case and pursuant thereto had fired at himself from deshi katta on the left hand and thereafter threw the deshi katta in the bushes which as per the prosecution version has been recovered from the bushes and is in police possession. It has also been submitted on behalf of the State that charges have been framed under Section 195 IPC and chargesheet has already been filed.

On behalf of the applicant it has been submitted that apart from the disclosure statement of the applicant there is no other evidence against him in relation to which it had been submitted on behalf of the State that statements of three witnesses indicating that the applicant had been contending that he would falsely implicate Siraajuddin @ Sonu the brother of Khusbunisha in false case are there on record. Apparently the said aspect is matter of trial. It has been submitted on behalf of the State that there are no adverse antecedents against the applicant . In view thereof, the applicant is allowed to be released on bail subject to the applicant furnishing personal bond in the sum of Rs.50,000/- with two sureties of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall Bail App. No. 1849/2017 page 2 of 3

not intimidate the witnesses in any manner, shall not make any contact with any of the family members of Khushbunisha nor her brother, shall not leave the country without the permission of the learned Trial Court, shall not intimidate the witnesses in any manner, shall not tamper with the evidence, and shall not commit any offence whatsoever and in the event an FIR or kalandara is registered aginst the applicant the State shall bring it to the notice of the Court. The application stands disposed of.

JANUARY 29, 2018

ANU MALHOTRA, J

Bail App. No. 1849/2017