BAIL APPLN./2676/2024 of ANIKET KUMAR Vs STATE GOVT OF NCT OF DELHI & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ BAIL APPLN. 2676/2024 ANIKET KUMAR .....Petitioner

.....Petitioner

Through: Mr. Amarjeet Singh Sahni, Advocate.

versus

STATE GOVT OF NCT OF DELHI & ANR .....Respondents Through: Mr. Aashneet Singh, APP for State with SI Anuj PS Timar Pur, Delhi.

CORAM:HON'BLE MR. JUSTICE MANOJ KUMAR OHRIO R R

21.08.2024

1. By way of present bail application, the applicantseeks regular bail in FIR No. 254/2024 registered under Sections 307/506/34 IPC at Police Station Timarpur, Delhi.

2. Learned counsel for the applicant states that the applicant is in custody since 01.05.2024. He further states that though the charge-sheet has been filed, charges are yet to be framed. It is submitted that as per the prosecution case, it was the co-accused, namely Sagar, who had allegedly fired the gun shot and that there was no injury caused to anyone, including the complainant. He submits that the present applicant merely accompanied the co-accused and had only asked the complainant to address the co-accused as ‘Papa’. No other overt act is attributed to the applicant. Moreover, the applicant is student of class 12 and is not involved in any other case.

3. The bail application is opposed by learned APP for the State. He states that there was prior quarrel between the co-accused Sagar and the

complainant and that the said co-accused, accompanied by the present applicant and three others, had reached the house of the complainant, where on the exhortation of another co-accused, gun shot was fired by Sagar. On instructions from the IO, it is affirmed that the present applicant is not involved in any other case.

4. Considering the totality of the facts and circumstances, including the role assigned to the present applicant and the fact that the applicant is student of class 12, it is directed that the applicant be released on regular bail subject to his furnishing personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/concerned Court/Duty Judicial Magistrate First Class and subject to the following further conditions :-

i) The applicant shall not leave the NCR without prior permission of the concerned Court.

ii) The applicant shall provide his mobile number to the Investigating Officer on which he will remain available during the pendency of the trial.

iii) In case of change of residential address or contact details, the applicant shall promptly inform the same to the concerned Investigating Officer as well as to the concerned Court.

iv) The applicant shall not directly/indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the evidence. v) The applicant shall regularly appear before the concerned Court during the pendency of the trial.

5. The bail application is disposed of in the above terms. 6. Copy of the order be communicated to the concerned Jail Superintendent electronically for information.

7. Copy of the order be uploaded on the website forthwith.

8. Needless to state that this Court has not expressed any opinion on the merits of the case and have made the observations only with regard to present bail applicant and nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have bearing on the trial of the case as the same has been expressed only for the purpose of the disposal of the present bail application. merits of the case and have made the observations only with regard to present bail applicant and nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have bearing on the trial of the case as the same has been expressed only for the purpose of the disposal of the present bail application.

DASTI

AUGUST 21, 2024/rd

MANOJ KUMAR OHRI, J