Sunil Kumar v. State NCT of Delhi

1. The accused/applicant seeks regular bail in case FIR No. 42/2018 of PS Jyoti Nagar for offence under Section 308/34 IPC. Broadly speaking, case set up by prosecution is that when the complainant de facto visited the residence of one Jitender Kumar to take back money, the former was beaten up by the latter and his associates including the accused/applicant, thereby causing him head injury.

2. The injury allegedly suffered by the complainant de facto was CLW on parietal region. But no weapon was recovered or even alleged to have BAIL APPLN. 2302/2025 pages been used.

3. Learned APP accepts notice and submits that earlier the accused/applicant was granted bail but since he did not appear when the witness was summoned, the trial court issued non-bailable warrants and the accused/applicant got arrested. Learned APP in all fairness does not object to this bail application but requests that the accused/applicant be warned to diligently appear on each date before the trial court and not try to win over any witness.

4. Considering the above circumstances, the application is allowed and the accused/applicant is directed to be released on bail subject to his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the learned trial court. It is made clear that no further indulgence shall be extended to the accused/applicant in case of his failure to appear on any date before the trial court.

5. Copy of this order be sent to the concerned Jail Superintendent for being conveyed to the accused/applicant.

GIRISH KATHPALIA (JUDGE) AUGUST 14, 2025