Avtar Singh @ Sunny v. State of Delhi

Delhi High Court · 07 Feb 2019 · 2019:DHC:824
Sanjeev Sachdeva
BAIL APPLN. 2791/2018
2019:DHC:824
criminal appeal_allowed

AI Summary

The Delhi High Court granted regular bail to the petitioner in an attempt to cause murder case where prosecution witnesses failed to identify him and did not support the prosecution story.

Full Text
Translation output
BAIL APPLN. 2791/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 07.02.2019
BAIL APPLN. 2791/2018
AVTAR SINGH @ SUNNY ..... Petitioner
versus
STATE OF DELHI ..... Respondent Advocates who appeared in this case:
For the Petitioner : Mr. Vishal Kalra, Advocate.
For the Respondent: Mr. Hirein Sharma, APP for the State.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks regular bail in FIR No.248/2018 under Section 307/34 IPC, Police Station Ambedkar Nagar.

2. The allegations in the FIR are that the petitioner along with the co accused assaulted the complainant and inflicted wounds on his stomach.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that the statement of the complainant as well as of the two independent witnesses inter-alia the brother of the complainant have already been recorded before the 2019:DHC:824 BAIL APPLN. 2791/2018 Trial Court and the witnesses have not supported the case of the prosecution and have failed to even identify the petitioner.

4. Without commenting on the merits of the case and keeping in view of the totality of the facts and circumstances and on perusal of the record, I am satisfied that petitioner has made out a case for grant of regular bail. Accordingly, on petitioner furnishing a bail bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the Trial Court, petitioner shall be released on bail, if not required in any other case. Petitioner shall not do anything which may prejudice either the trial or the prosecution witnesses.

5. Petition is allowed in the above terms.

6. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J FEBRUARY 07, 2019 rk