BAIL APPLN./1718/2018 of BHAGAT SINGH Vs THE STATE OF NCT OF DELHI
Parties
- + BAIL APPLN. 1718/2018 and Crl. M.A. no. 28399/2018 BHAGAT SINGH (PETITIONER)
- THE STATE OF NCT OF DELHI (RESPONDENT)
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IN THE HIGH COURT OF DELHI AT NEW DELHI+BAIL APPLN. 1718/2018 and Crl. M.A. no. 28399/2018BHAGAT SINGH..... PetitionerBHAGAT SINGH..... Petitioner
..... Petitioner
ThroughMr. Abhishek Kumar and Mr. M.Shankar, Advs.Shankar, Advs.
versus
THE STATE OF NCT OF DELHI..... RespondentThroughMs. Aashaa Tiwari, APP with SIJitender of Police Station Govind Puri
CORAM:HON'BLE MR. JUSTICE A.K. PATHAK
O R R%24.07.2018
Learned counsel for the petitioner submits that as per thecomplainant, co-accused Mannu Gujjar along with 4-5 boys entered in hisshop; while other persons were standing outside. All of them were armedwith pistols, revolvers and big weapons. Mannu Gujjar snatched gold chainof the complainant on the point of revolver. Thereafter all of them abused,threatened and scuffled with the complainant and his brother. Learnedcounsel submits that in the CCTV footage, petitioner is not seen armed withany weapon.Learned counsel for the petitioner submits that initially FIRwas registered under Sections 397/323/455/34 IPC read with Sections 25/27of the Arms Act, inasmuch as charge-sheet has been filed against the co-
accused Deepak, Ashok and Arun under the aforesaid provision. Otherprovisions have been added subsequently, as an afterthought without anynew motive.
Learned APP submits that after filing of the charge-sheet, Sections147/148/149 IPC were also added. It is submitted that petitioner had beenevading arrest.
Investigating Officer is present in Court.He admits that in CCTVfootage, petitioner is not seen carrying any weapon in his hand.
Keeping in mind the totality of facts and circumstances of this case, itis ordered that in case of arrest, petitioner be released on bail subject to hisfurnishing personal bond in the sum of `25,000/-(Rupees Twenty FiveThousand Only) with one surety of the like amount to the satisfaction of theInvestigating Officer/Arresting Officer/SHO concerned. Petitioner, however,shall cooperate in the investigation and appear before the InvestigatingOfficer as and when he is called upon to do so.
Bail application is disposed of in the above terms.Miscellaneousapplication is disposed of as infructuous.Dasti.
JULY 24, 2018/r.bararia
A.K. PATHAK, J.