Shahadab v. State (Govt of NCT of Delhi)

Delhi High Court · 10 Apr 2018 · 2018:DHC:2320
Sanjeev Sachdeva
BAIL APPLN. 1349/2017
2018:DHC:2320
criminal appeal_allowed

AI Summary

The Delhi High Court granted regular bail to the accused in a murder case where eyewitnesses failed to identify him, emphasizing the weakness of the prosecution evidence.

Full Text
Translation output
BAIL APPLN. 1349/2017
HIGH COURT OF DELHI
JUDGMENT
delivered on: 10.04.2018
BAIL APPLN. 1349/2017
SHAHADAB ..... Petitioner
versus
STATE (GOVT OF NCT OF DELHI) ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Jitender Tyagi and Mr. Rishi Bhardwaj, Advs.
For the Respondent : Mr. Mukesh Kumar, Addl. PP for the State
WITH
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
10.04.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks regular bail in FIR No. 288/2014 under Section 302/307/120B/34 of the IPC registered at Police Station Amar Colony, New Delhi.

2. Learned counsel for the petitioner submits that three eye witnesses – namely, Mohd. Nawab, Mohd. Zuber and Mohd. Jakir have already been examined and have not supported the case of the prosecution and have failed to identify the petitioner. It is further submitted that the petitioner has been in custody since 15.04.2014. 2018:DHC:2320 BAIL APPLN. 1349/2017

3. Without commenting upon the merits of the case, as none of the public eye witnesses have identified the petitioner and further perusal of the record shows that the petitioner has made out a case for grant of regular bail.

4. Accordingly, petitioner is directed to be released on bail on his furnishing a bail bond in the sum of Rs. 50,000/- with one surety of the like amount to the satisfaction of the concerned trial court, if not required in any other case.

5. The Bail is subject to the further conditions:

(i) The petitioner shall not do anything, which shall prejudice either the trial or the prosecution witnesses.

(ii) The petitioner shall not leave the country without the permission of the Trial Court.

(iii) The petitioner shall not stay overnight out of the Delhi-NCR region without first informing the concerned IO/SHO.

(iv) The petitioner shall not change his residential address without intimating the concerned IO/SHO.

(v) The petitioner shall also report to the police station on 1st

(vi) shall appear before the trial court as and when the matter is listed.

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

7. Order Dasti under signatures of the Court Master.

APRIL 10, 2018/‘rs’ SANJEEV SACHDEVA, J