BAIL APPLN./552/2024 of MANOJ Vs THE STATE

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ BAIL APPLN. 552/2024 MANOJ ..... Petitioner Through: Mr. Sahil Malik and Mr. Sahil Lakra, Advocates. versus THE STATE ..... Respondent Through: Mr. Nawal Kishore Jha, APP for State

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

% 18.03.2024

1. By way of present bail application filed under Section 439 Cr.P.C., the applicant seeks regular bail in FIR No.309/2023 registered under Sections 308/326/341/34 at Police Station Gulabi Bagh, Delhi.

2. Learned counsel for the applicant submits that the applicant has been in custody since 25.12.2023 and that he is not involved in any other case. He submits that as per the allegations in the FIR, the role attributed to the present applicant is of giving fist blows. Insofar as the injuries upon Satendra is concerned, the same is on account of stick blows and the same were not used by the applicant. He further submits that the co-accused Avdhesh and Aakash have already been released on interim bail. It is further stated that the chargesheet has already been filed and there is no recovery to be effected from the applicant.

3. The bail application is opposed by learned APP for the State. It is stated that the incident has been captured on CCTV and as per the CCTV

footage, the applicant can be seen in the company of the other accused person, when they were giving beating to the victims/injured and one of them has also suffered grievous injuries. He, on instructions, states that the wooden stick was not used by the present applicant. He has also handed over the status report, which is taken on record.

4. Considering the totality of the facts and circumstances including the fact that chargesheet has been filed and the role assigned to the applicant, it is directed that the applicant be released on regular bail subject to her 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 M.M. 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. Superintendent electronically for information.

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

8. Needless to state that 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. 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.

MARCH 18, 2024/rd

MANOJ KUMAR OHRI, J