Final Order 1

Order Details: COPY OF ORDER
Pdf Text: FIR no.127/24; PS Vasant Vihar
State Vs. Suresh @ Sumer @ Samay
IN THE COURT OF SH. DEVENDER KUMAR JANGALA,
ASJ-05, NEW DELHI DISTRICT, PHC, NEW DELHI.
Bail Application no.1236/24
FIR no.127/24: PS Vasant Vihar
U/s: 75(2)/79/351(2) BNS and
Section 3(1)(r), 3(1)(s) SC & ST(Prevention of Atrocities) Act
State Vs. Suresh @ Sumer @ Samay
20.08.2024
Present: Sh.Mukul Kumar, Ld. Addl. PP for the State.
Sh. S. A. Khan and Sh. A. A. Khan, Ld.counsel for the
applicant/accused.
IO/ACP Garima Tiwari alongwith Inspector Rahul Raushan is
present in person.
Reply to the bail application filed.
Arguments heard. Record perused.
This is the bail application under Section 483 Bharatiya
Nagarik Suraksha Sanhita(BNSS), 2023 moved on behalf of
applicant/accused Suresh @ Sumer @ Samay for grant of regular bail.
It is submitted by Ld.counsel for the applicant/accused that
the entire story of the complainant is false and fabricated due to
neighborhood rivalry. That no fresh external injury is revealed in the MLC.
That the applicant is innocent and no case is made out against him. That
the applicant shall not tamper with the evidence and shall not misuse the
liberty of bail. That other accused Mohan Paswan has been released on
bail. That the applicant shall be abide by all terms and conditions of the
bail. It is prayed that the applicant may kindly be enlarged on bail.
On the other hand bail application is strongly opposed on
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FIR no.127/24; PS Vasant Vihar
State Vs. Suresh @ Sumer @ Samay
behalf of State. It is argued that the allegations against the
applicant/accused are grave and serious and investigation is at the
initial/crucial stage and the complainant is having apprehension of threat.
It is prayed that the bail application may kindly be dismissed.
The FIR in the present case has been registered with the
allegations that on 03.07.2024, the applicant/accused forcefully entered the
house of the complainant and started beating her family members and
when she tried to stop him, the applicant pressed her breast very hard.
Thereafter on 13.07.2024 the applicant/accused again stood outside her
house and started abusing the complainant and her family members. The
applicant/accused also made casteist abuses for long time and thereafter
jumped and caught hold the complainant by her waist and did a very
indecent act on her. The applicant/accused also threatened the complainant
and her family members citing his brother being BC of the area.
It is argued on behalf of applicant/accused that the
applicant/accused has been falsely implicated due to some neighborhood
rivalry but except the bald submission, there is nothing on record to
support the said submission. The complainant in her statement under
Section 164 Cr. PC is stated to have supported the version of FIR. The part
of alleged incident is also stated to have been video recorded by the
complainant and investigation in this regard is going on. The material
collected by the investigating agency is sufficient enough to justify the
arrest of the applicant/accused.
The allegations against the applicant/accused are grave and
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FIR no.127/24; PS Vasant Vihar
State Vs. Suresh @ Sumer @ Samay
serious. The applicant/accused was arrested on 10.08.2024 and
investigation is at the nascent stage. The applicant/accused is reported to
have repeatedly committed the alleged crime. The complainant and her
family members are also having apprehension of threat from the
applicant/accused. In the present facts and circumstances I am of the
considered opinion that the release of the applicant/accused at this stage
may hamper the investigation and fair trial. No ground for bail is made out.
Hence, the bail application under Section 483 Bharatiya Nagarik Suraksha
Sanhita(BNSS), 2023 moved on behalf of applicant/accused Suresh @
Sumer @ Samay is dismissed.
Nothing expressed herein above shall tantamount to an
expression of opinion on the merits of the case.
Copy of this order be given dasti to Ld. Counsel for
applicants/accused persons and in compliance of
Sanjay Singh Vs. State
(Govt. of NCT of Delhi), Writ Petition Criminal no. 974/22, copy of this
order be also sent to the concerned Jail Superintendent to convey the order
to the inmate.
(Devender Kumar Jangala)
ASJ-05, New Delhi District
Patiala House Courts, New Delhi
20.08.2024
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