BAIL APPLN./2422/2024 of VARUN Vs THE STATE (GOVT. OF NCT OF DELHI) THROUGH SHO PS WELCOME

IN THE HIGH COURT OF DELHI AT NEW DELHI+ BAIL APPLN. 2422/2024

VARUN

.....Petitioner

Through: Mr. Sachin Shukla, Mr. Nikhil Gupta, Mr. Hamid Hussain, Mr. Aakash Passi, Advs. Mr. Hamid Hussain, Mr. Aakash Passi, Advs.

versus

THE STATE (GOVT. OF NCT OF DELHI) THROUGH SHO PS

WELCOME

.....Respondent Through: Mr.Satish Kumar, APP for the State. SI Anugraha, PS Welcome SI Anugraha, PS Welcome

CORAM:HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R R% 28.08.2024

CRL.M.A. 20392/2024 (exemption)

Exemption is allowed subject to all just exceptions.

The application stands disposed of.

BAIL APPLN. 2422/2024

1.Present application has been filed for grant of anticipatory bail in case FIR no.311 dated 01.05.2024 registered under Section 308/323/324/341/34 at PS Welcome. FIR no.311 dated 01.05.2024 registered under Section 308/323/324/341/34 at PS Welcome.

2.Learned counsel for the petitioner submits that in terms of the order dated 15.07.2024 by this court, the petitioner has joined the investigation. Learned APP has also submitted that the petitioner has dated 15.07.2024 by this court, the petitioner has joined the investigation. Learned APP has also submitted that the petitioner has

duly joined the investigation. Learned counsel submits that the other co-accused have already been admitted to bail. Learned counsel submits that even in the FIR the only allegation against the petitioner is that he has assaulted the injured with fist blow.

3.It is settled proposition that bail is the rule and jail is the exception. The deprivation of liberty should be considered only when it is required in the interest of justice. The severity of the crime and the nature of the allegations must be weighed against the presumption of innocence.

4.Taking into account the facts and circumstances of the cases and that the petitioner has joined the investigation, the petitioner is directed to be released on anticipatory bail on furnishing personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the IO/ SHO of the concerned Police Station, subject to the following terms and conditions: the petitioner has joined the investigation, the petitioner is directed to be released on anticipatory bail on furnishing personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the IO/ SHO of the concerned Police Station, subject to the following terms and conditions:

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

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

c) the petitioner shall provide his mobile number(s) to the Investigating Officer and keep it operational at all times;and Officer and keep it operational at all times;and

d)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.

e)the petitioner shall also inform the investigation officer about any change in their address. change in their address.

5.The petition stands disposed of.

AUGUST 28, 2024 rb/na ..

DINESH KUMAR SHARMA, J