Final Order 1

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. RAJINDER SINGH
ASJ-06, NDD, PATIALA HOUSE COURTS, NEW DELHI
Bail Application No. 2119/2022
FIR No. 492/2022
PS : Kishan Garh
Under Section : 109/366/370/376/120-B IPC & 3 / 4 / 5 ITP Act
State Vs. Ajay Rai
06.12.2022
Present: Sh. Promod Tyagi, Ld. Counsel for the applicant / accused.
Sh. S. K. Kain, Ld. Addl. PP for the State.
SI Shiv Kumar on behalf of IO / Inspector Shambhu Nath SHO PS
Kishan Garh
Reply filed. Copy supplied.
Heard. Perused.
Vide order dated 19.11.2022 co-accused Raj Kumar @ Kumar has
already been granted bail by Ld. ASJ-05, Bail Roaster Judge, PHC, New Delhi.
Vide order dated 02.12.2022 of this court, accused Ranjeet Kumar @ Ashu was
granted bail by this court.
The accused is claiming parity with co-accused Raj Kumar @
Kumar & Ranjeet Kumar @ Ashu. As per the FIR the role of the present accused
and co-accused persons Raj Kumar @ Kumar & Ranjeet Kumar @ Ashu are
similar.
It is submitted in the reply filed by the SHO concerned that after
grant of bail to co-accused Raj Kumar @ Kumar, Section 120-B IPC has been
added in the charge-sheet.
Upon court query, it is clarified that Section 120-B IPC has been
added in the charge-sheet on the basis of facts which have already emerged in
the investigation and not on the basis of some new facts. This implies that the
co-accused Raj Kumar @ Kumar & Ranjeet Kumar @ Ashu were granted bail
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on the basis of same facts which exists today in the present case. No new fact
has emerged to differentiate the role of present applicant /accused from co-
accused Raj Kumar @ Kumar & Ranjeet Kumar @ Ashu.
In view of the above, accused Ajay Rai S/o Sh. Jivajh Rai is
allowed to be released on bail in case of arrest upon furnishing personal bond in
the sum of Rs. 30,000/- with one local surety in the like amount and further
subject to the conditions as imposed upon the co-accused Raj Kumar @ Kumar
vide order dated 19.11.2022 of Ld. ASJ-05, Bail Roaster Judge, PHC, New
Delhi, which are as follows:-
(a) The applicant shall furnish to the investigating officer / SHO, a
cell phone number on which the applicant may be contacted at
any time and shall ensure that the number is kept active and
switched on at all times.
(b) The applicant shall not tamper with evidence no otherwise
indulge in any act or omission that is unlawful or that would
prejudice the proceedings in the pending matter.
(c) The applicant will not leave the country without prior
permission of the court.
The application is allowed in the above terms.
Copy of this order be given to the parties.
(RAJINDER SINGH)
ASJ-06/NDD/PHC/NEW DELHI
06.12.2022
(M)
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