Ajay Sahu v. The State

Delhi High Court · 06 Dec 2018 · 2018:DHC:7699
Sanjeev Sachdeva
BAIL APPLN. 1329/2018
2018:DHC:7699
criminal petition_allowed

AI Summary

The Delhi High Court granted anticipatory bail to the petitioner accused under Section 354 IPC, holding that cooperation with investigation and nearing completion of investigation justify bail without commenting on merits.

Full Text
Translation output
BAIL APPLN. 1329/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 06.12.2018
BAIL APPLN. 1329/2018
AJAY SAHU ..... Petitioner
versus
THE STATE (THROUGH DELHI ADMINISTRATION) ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. A.C. David, Advocate.
For the Respondent : Mr. Hirein Sharma, APP for the State.
ASI Omprakash Singh
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
06.12.2018 SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks anticipatory bail in FIR No. 129/2018 under Sections 354 of the IPC, Police Station New Ashok Nagar, Delhi. 2.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that there was friendship between the petitioner as well as complainant and subsequently they have fallen out and consequent to which the complainant has lodged the subject FIR.

3. By order dated 31.05.2018, the petitioner was granted interim protection subject to joining investigation. 2018:DHC:7699 BAIL APPLN. 1329/2018

4. Learned Addl. P.P. for the State, under instructions, submits that the petitioner had joined investigation as and when called by the Investigating Officer and the investigation is nearly complete and there is no further requirement of the petitioner to join investigation. He further submits that the chargesheet is in the process of finalization for the purpose of filing it in Court.

5. Without commenting on the merits of the case and keeping in view the totality facts and circumstances of the case and on perusal of the record, I am of the view that the petitioner has made out a case for grant of anticipatory bail.

6. Accordingly, it is directed that in the event of arrest, the arresting officer/IO/SHO shall release the petitioner on bail on his furnishing a bail bond in the sum of Rs. 10,000/- with one surety of the like amount to the satisfaction of the arresting officer/Investigating Officer/SHO concerned. Petitioner shall not do anything which may prejudice the investigation, trial or the prosecution witnesses.

7. The petition is disposed of in the above terms.

8. Order Dasti under signatures of the Court Master.

DECEMBER 06, 2018 SANJEEV SACHDEVA, J ‘rs’