Interim Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CNR No. DLCT11-001177-2025
CC No. 38/2025
FIR No. 07/2017
PS : Nand Nagri
State Vs HC Yogender
26.05.2026
Present : Sh. Ravindra Kumar, Ld. Chief PP for State.
Accused Yogender in person.
Sh. Sanjai Premi, Ld. Counsel for accused.
(Fresh Vakalatnama is filed on behalf of accused
and same is taken on record).
Heard. Perused
An application (I.A. No. 1/2026) u/s 439 Cr.P.C.
seeking regular bail is moved on behalf of accused Yogender.
Issue notice of the application to State.
Ld. Chief PP has accepted notice of the application
on behalf of State.
Arguments on the bail application heard. Record
perused.
After referring to the allegations appearing in the
chargesheet and the material filed therewith, Ld. Counsel for the
applicant/accused has argued that there is no allegation of
demand or acceptance of bribe against the applicant, without
which, offences u/s 7/13 of P.C. Act do not get attracted against
him; he has been falsely implicated in this case; the applicant was
never arrested during investigation and he has been
chargesheeted only on the basis of circumstantial evidence. It is
further argued that the applicant has clean antecedents and is
having deep roots into the society and since trial is likely to take
considerable time, he may be granted regular bail in this case.
Contd….
-- 1 of 3 --
- 2 -
Per contra, the bail application has been opposed by
Ld. Chief PP for State on the ground that the applicant/accused,
while he was posted in PCR Unit and was on duty as Driver in
PCR Van, Baker-44, stationed at Tahirpur T-Point, Nand Nagari,
Delhi, he got stopped driver of Tata Magic vehicle and demanded
entry fee of Rs.50/- from him, and also accepted the said amount,
which constituted bribe money. He has further opposed the bail
application on the ground that the applicant/accused may
abscond, if granted bail by the Court.
Indisputably, the applicant/accused was never
arrested during investigation, which would show that the
applicant/accused had duly cooperated during the course of
investigation. Hence, he is not required for the purpose of
investigation. Trial may take considerable time and thus, no
useful purpose would be served by sending the accused behind
the bar.
After considering the overall facts and
circumstances of the present case and in view of the discussion
made herein above, the applicant/accused Yogender is admitted
to bail, subject to furnishing personal bond in the sum of
Rs.25,000/- with one surety in the like amount, subject to the
following conditions : -
(i) That the applicant/accused shall not try to contact
or influence, directly or indirectly, complainant or
any other witness of present case and shall not
tamper with evidence;
(ii) That applicant/accused shall not misuse the
liberty of bail by indulging in commission of similar
offence(s) in future;
Contd….
-- 2 of 3 --
- 3 -
(iii) That applicant/accused shall appear before the
Court on each and every date of hearing, when so
required;
(iv) That applicant/accused shall not leave the
country without prior permission of the Court;
(v) That applicant/accused shall intimate to the
Court in case of change of his residential address;
and,
(vi) In the event of breach of any of the aforesaid
conditions imposed by the Court, it shall be open for
the State to apply for cancellation of bail being
granted to the accused herein.
The bail application i.e. I.A. No. 1/2026 stands
disposed off in the aforesaid terms.
Accordingly, bail bonds furnished on behalf of
accused Yogender and same have been accepted till next date of
hearing. Original Aadhar card and RC furnished by surety, have
been retained on record. The accused seeks and is granted time
to furnish fresh surety bond on the next date.
Accused and Ld. Counsel appearing on his behalf,
fairly submit that copy of charge-sheet and the documents,
including e-challan supplied to accused on the last date, are
complete.
Put up on 10.07.2026 for arguments on the point of
charge.
(Vidya Prakash)
Special Judge, PC Act (ACB)-01
RACC, New Delhi.
26.05.2026(a)
-- 3 of 3 --