Order 11

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: SC 762/2023
STATE Vs. AVESH@Pollard
FIR No. 789/2023
State Vs. Avesh @ Pollard
U/s. 307/506/34 IPC & 27 Arms Act
27.11.2024
File is taken up today on an application U/s. 439 Cr. P. C. for
grant of bail moved on behalf of applicant/accused Avesh @ Pollard.
Present: Sh. Sanjay Jindal, Ld. Addl. PP for the State.
Complainant alongwith Ld. Counsel Sh. Nikhil Gautam.
Sh. Ranjan Sharma, Ld. Counsel for applicant/accused.
IO/SI Balwant Singh in person.
Reply to the above said application has been filed by IO.
Same is taken on record. Copy of the same supplied to Ld. Counsel
for applicant/accused.
Ld. Counsel for applicant/accused submits that
applicant/accused is in JC since 12.08.2023 and he has been falsely
implicated in the present case. It is further submitted that
applicant/accused has no nexus with the present case and nothing to
do with the alleged offence. It is further submitted that
applicant/accused is not a previous convict and investigation of the
present case has already been completed and chargesheet has already
been filed. It is further submitted that applicant/accused is no more
required for further custodial inteerrogation and no fruitful purpose
would be served to keep the applicant/acused behind the bar. It is
prayed that above said application may kindly be allowed.
On the other hand, Ld. Additional PP for State strongly
opposed the bail application and submitted that allegations against the
applicant/accused are serious in nature. It is prayed that the above said
application may kindly be dismissed.
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Page No. 2
SC 762/2023
STATE Vs. AVESH@Pollard
FIR No. 789/2023
State Vs. Avesh @ Pollard
U/s. 307/506/34 IPC & 27 Arms Act
This court has given thoughtful consideration to the
submissions made by Ld. counsel for applicant/accused and Ld.
Additional PP for State and has also perused the record placed before
the same.
Briefly stated that present FIR has been registered U/s.
307/506/34 IPC & 27 Arms Act. Injured has already been discharged.
Further, weapon of offence has also been recovered.
Applicant/accused is in JC since 12.08.2023 i.e. for a period of about
one year 2 months. He is of young age. Trial shall take time, therefore,
it is ordered that applicant/accused Avesh @ Pollard. be released on
bail on his furnishing personal bond in the sum of Rs. 25,000/- with
two sureties in the like amount subject to the satisfaction of following
conditions:-
(i) Applicant/accused is directed not to threaten prosecution witnesses
in any manner or tamper with evidence or indulge in any other
criminal activity in future;
(ii) The applicant shall appear before the court on each and every date
of hearing;
In case, it is prima facie brought to the notice of the Court that
the applicant/accused is violating the said conditions, the bail granted
to him shall be liable to be cancelled on an application of investigating
agency in this regard.
The bail application is disposed of accordingly. Nothing stated
herein shall tantamount to any expression of opinion on the merits of
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Page No. 3
SC 762/2023
STATE Vs. AVESH@Pollard
FIR No. 789/2023
State Vs. Avesh @ Pollard
U/s. 307/506/34 IPC & 27 Arms Act
the case. Application stands disposed of. Bail application file be
tagged with the main case file.
(Sushil Kumar)
Addl. Sessions Judge- 04
North District Rohini Courts Delhi
27.11.2024
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