Kishan Kumar v. State (GNCT of Delhi)

Delhi High Court · 10 Sep 2018 · 2018:DHC:5812
Sanjeev Sachdeva
BAIL APPLN. 1925/2018
2018:DHC:5812
criminal appeal_allowed

AI Summary

The Delhi High Court granted regular bail to the petitioner in a robbery case after investigation completion and chargesheet filing, noting no further purpose in continued incarceration.

Full Text
Translation output
BAIL APPLN. 1925/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 10.09.2018
BAIL APPLN. 1925/2018
KISHAN KUMAR ..... Petitioner
versus
STATE (GNCT OF DELHI) ..... Respondent Advocates who appeared in this case:
For the Petitioner : Mr. Pradeep Chowdhary, Adv.
For the Respondent : Mr. Kamal Kumar Ghai, Addl. PP for the State with SI Dhananjay Kumar, P.S.Hari Nagar
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R
10.09.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks regular Bail in case FIR No. 40 of 2018 under Sections 392/34 of the IPC Police Station Hari Nagar, Delhi. Subsequently chargesheet has been filed under Section 392/394/411 and 34 of the IPC.

2. The allegations against the petitioner are that the complainant who is a delivery boy was going on his motorcycle to deliver food articles. The petitioner and the co accused are alleged to have stopped him, snatched his GPS mobile phone as well as the ear phone and 2018:DHC:5812 BAIL APPLN. 1925/2018 when he was attempting to chase them they hit his bike on account of which he fell down and sustained injury.

3. Learned counsel for the petitioner submits that petitioner has been falsely implicated. He submits that petitioner has been in custody since 14.01.2018. The investigation is complete and chargesheet has been filed. He further submits that co accused who is attributed the same role has already been admitted to bail.

4. Keeping in view the facts and circumstances of the case as also the fact that investigation is complete and chargesheet has already been filed and the trial is likely to take some time, no further purpose would be served in incarcerating the petitioner any further.

5. Without commenting on the merits of the case, on perusal of the record I am of the view that the 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, the petitioner shall be released on bail, if not required in any other case.

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

7. Order Dasti under signatures of the Court Master.

SEPTEMBER 10, 2018/ rk SANJEEV SACHDEVA, J