Full Text
BAIL APPLN. 1129/2018
ROMAN Petitioner
Through: Mr. Amitabh Kumar, Adv.
Through: Mr. Ashish Dutta, APP for State with
SI Sharvan Kumar, PS - Sultan Puri AND
ASLAM Petitioner
Through: Mr. Amitabh Kumar, Adv.
Through: Mr. Ashish Dutta, APP for Statewith SI Sharvan Kumar, PS - Sultan Puri
04.10.2018
ORDER
1. Both the applicants have been named as those who participated in the assault which is the subject matter of investigation in FIR NO. 244/2018, PS - Sultan Puri involving offences punishable under Sections 323/341/308/34 IPC. BAIL APPLN. 1129/2018 andBAIL APPLN. 1311/2018 Page ] of[3] 2018:DHC:8429
2. By order dated 16.05.2018 in the bail application No. 1129/2018 of Roman, interim protection against arrest was granted to him. Similarly, protection was extended to other applicant - Aslam in bail application No. 1311/2018 by orderdated 31.05.2018.
3. Status reports have been submitted.
4. Though the injuries suffered by Karan are stated to be grievous in nature, the learned Public Prosecutor fairly agrees that there is no need for custodial interrogation nor any recovery is to be effected from the applicants.
5. Co-accused have been enlarged on bail by the Court of Session. In these circumstances, both the applications are allowed.
6. Having regard to the facts and circumstances a case for release ofthe applicants on anticipatory bail is made out.
7. Thus, it is directed that in the event ofthe petitioners being arrested, they shall be released on bail by the arresting officer on furnishing personal bond in the sum ofRs.10,000/- each with one surety in the like amount subject tothe following further conditions:-
(i) The petitioners shall continue cooperating with the investigation and join the same as and when called upon to do so;
(ii) The petitioners shall not come in contact with or try to influence any ofthe witnesses connected tothe case; BAIL APPLN. 1129/2018 andBAIL APPLN. 1311/2018 Page 2of[3]
(iii) Prior to their release, they shall give the telephone numbers of selfand ofat least one other responsible family member besides that ofthe surety to the investigating officer;
(iv) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts ofthe case so as to dissuade him/her from disclosing such facts to the Court orto any police officer ortamper with the evidence. This order will inure only till the date of first appearance of the petitioners in the event of a charge-sheet being filed on conclusion ofthe investigation and process being issued against them by the court of cognizance. The petitions stand disposed of in above terms. Dasti.