BAIL APPLN./1565/2024 of CHANDAN KUMAR Vs THE STATE NCT OF DELHI & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1565/2024 CHANDAN KUMAR

.....Petitioner

Through: Mr. Sunil Mehta, Adv.

versus

THE STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Yudhvir Singh Chauhan, APP for State. Through: Mr. Yudhvir Singh Chauhan, APP for State.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

% 03.07.2024

1.The present application has been filed under Section 439 Cr.P.C. read with Section 482 Cr.P.C. for grant of Bail. with Section 482 Cr.P.C. for grant of Bail.

2.The FIR was lodged on the statement of Pawan S/o Babu Ram wherein it was alleged that on 20.01.2024 at around 09:00 PM while he was present in his shop accused Chandan, Mona, Bittu, Basant, Shashi and some other people visited his shop carrying lathi and danda and started abusing him and enquiring about Santosh and the whereabouts of Santosh, however the petitioner refused to disclose the location to those people due to which the petitioner was beaten and assaulted. it was alleged that on 20.01.2024 at around 09:00 PM while he was present in his shop accused Chandan, Mona, Bittu, Basant, Shashi and some other people visited his shop carrying lathi and danda and started abusing him and enquiring about Santosh and the whereabouts of Santosh, however the petitioner refused to disclose the location to those people due to which the petitioner was beaten and assaulted.

3.Allegedly, Shashi and Mona had struck on his head with Base Ball stick and accused Chandan and Bittu had grabbed him. Allegedly, accused Basant hit the complainant with hand and fists and danda. It has been alleged that all the accused persons hit on the legs of the stick and accused Chandan and Bittu had grabbed him. Allegedly, accused Basant hit the complainant with hand and fists and danda. It has been alleged that all the accused persons hit on the legs of the

complainant with Base Ball stick, Hockey stick, lathi and danda.

4.Accused persons were arrested after the investigation. The charge-sheet has been filed. has been filed.

5.Learned counsel for the petitioner submits that the accused is in custody since 20.01.2024. custody since 20.01.2024.

6.Learned APP for State has opposed the application on the ground that the petitioner is habitual offender and he is already involved in several other cases. the petitioner is habitual offender and he is already involved in several other cases.

7.The investigation is complete, charges have been framed. In other cases, accused is on bail. cases, accused is on bail.

8.Taking into account the facts and the role of the petitioner, petitioner is admitted to bail on furnishing personal bond of Rs. 20,000/- with one surety of the like amount to the satisfaction of the concerned court/MM/CMM/Duty MM with the following conditions: admitted to bail on furnishing personal bond of Rs. 20,000/- with one surety of the like amount to the satisfaction of the concerned court/MM/CMM/Duty MM with the following conditions:

a)The petitioner shall report to IO/ SHO on every alternative day to PS Vasant Kunj at 05:00 PM. PS Vasant Kunj at 05:00 PM.

b)the Petitioner shall cooperate in the investigation and appear before the Investigating Officer of the case as and when required;before the Investigating Officer of the case as and when required;

c) the Petitioner shall under no circumstances leave India without prior permission of the Court concerned;prior permission of the Court concerned;

d)the Petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;inducement, threat or promise to any person acquainted with the facts of the case;

e)the Petitioner shall provide his/her mobile number(s) ([REDACTED]) to the Investigating Officer and keep it operational at all times;([REDACTED]) to the Investigating Officer and keep it operational at all times;

f)In case of change of residential address and/or mobile number, the Petitioner shall intimate the same to the Investigating Officer/ Court concerned by way of an affidavit.Petitioner shall intimate the same to the Investigating Officer/ Court concerned by way of an affidavit.

9. In view of the above, the present application stands disposed of.

JULY 3, 2024/AR..

DINESH KUMAR SHARMA, J