Full Text
BAIL APPLN.469/2022
MOHD SHOIB @CHUTWA Petitioner
ASHRAF ALI Petitioner
RASHID@RAJA Petitioner
Mr.Sanjeev Sahay, SPP for the State, with SI Dinesh
Kumar,PS Gokalpuri.
13.04.2022
ORDER
1. By way of these applications, the,applicants seek bail under Section 439 ofthe Code of Criminal Procedure, 1973 in connection with FIR No. 113/2020, dated 03.03.2020, registered at Police Station Gokul Puri, for offences under Sections 147/148/149/380/427 of the Indian Penal Code, 1860 ["IPC"]. At the time of filing of the charge sheet, offences under Sections 436/454/392/452/188/153A/506 ofthe IPC were BAIL APPLN. 469/2022 & connected matters Page 1 of[3] 2022:DHC:5980 q added.
2. By an order dated 03.03.2022,it was recorded as follows: "2. Mr. Salim Malik, learned counselfor the petitioner in BAIL APPLN.469/2022 states that the petitioner is accused in 16 FlRs out ofwhich he has been released on hail in 15 FIRs and only this case remains against the petitioner. He states that in FIR No.39/2020 which included an offence under Section 302IPG, the petitioner has been granted bail by this Court vide order dated 18.01.2022.
3. Per contra, Mr. Sanjeev Sahay, learned SPP states that the case is at a crucial stage and listed on 05.03.2022 forprosecution evidence. Hestates thatthere arefourpublic witnesses and the examination ofthepublic witnesses can be ^ completed in maximum 8-9 days. The learned Trial Court is requested to complete the examination of the four public witnesses in instantFIR on or before 24.03.2022."
3. Mr.Sanjeev Sahay,learned Special Public Prosecutor for the State, states that the examination of all the public witnesses has since been completed and only the police officers are leftto be examined.
4. In view ofthe order dated 03.03.2022, and the fact that all public witnesses have since been examined, there is no further threat of the applicants being able to influence the witnesses. The applicants are therefore admitted to bail in connection with FIR No. 113/2020, 03.03.2020, registered at Police Station Gokul Puri, for offences under Sections 147/148/149/380/427 ofthe IPG,upon the following conditions: a. The applicants will each furnish a personal bond in the sum of ^15,000/- [Rupees fifteen thousand only] with two sureties of the like amount, one of which will be from a blood relative ofthe concerned accused,to the satisfaction of the Trial Court. BAIL APPLN.469/2022& connected matters Page2of[3] b. The applicants will remain resident at their respective addresses given in the memoranda ofparties. c. In the event of any change in their place of residence, they will inform the Trial Court and the Investigating Officer ["10"] in advance. If they intend to be away from the National Capital Region for more than 48 hours, they will inform the concerned 10 in advance. d. The applicants will give their mobile numbers to the 10 and ^ will ensure that they are reachable on the said mobile numbers at all times. e. The applicants will attend the Trial Court on each and every date ofhearing. f. The applicants will maintain peace and harmony in the society and will not commit any offence while they are on bail.
5. The applications are disposed ofwith these directions. P'^ PRATEEK JALAN,J ^ APRIL 13,2022 ' 'hkaur' Click here to check corrigendum, ifany BAIL APPLN.469/2022&connectedmatters Page3of[3]