Interim Order 38

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. VIRENDER KUMAR BANSAL
PRINCIPAL DISTRICT & SESSIONS JUDGE
NORTH-WEST DISTRICT: ROHINI COURTS: DELHI
CNR No. DLNW01-004682-2024
SC No. 398-24
State v. Prabhjot @ Sahib & Ors.
FIR No. 125/24
PS Keshav Puram
u/s. 392/397/411/34 IPC
(Bail application of applicant/accused Nitin Kumar)
02.04.2025
File is taken up today on an application for bail u/s.483
BNSS moved on behalf of applicant/accused Nitin Kumar s/o
Jagdish Pal.
Present: Sh. G.S. Guraya, Ld. Chief PP for State.
Sh. Nitin Kumar, Adv. for applicant/accused through
VC.
Reply filed.
Heard the arguments on bail application.
(Bail Order)
Ld. Counsel for the applicant/accused submitted that
applicant/accused is in custody since 24.02.2024. Challan has
already been filed after investigation. More than one year
passed. He has been falsely implicated. Material witness has
already been examined. It is submitted that he was not even
given the ground for arrest as directed by the Hon’ble Supreme
Court. It is submitted that as there is no compliance of Section
50 Cr.P.C., he be released on bail.
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2. Ld. Chief PP opposed the bail application and
submitted that in the present case, the complainant has already
been examined. He has identified the accused and also explained
the role played by him. It is prayed that keeping in view the
gravity of offence that they robbed the complainant of Rs.25
Lakhs on pistol point, he may threaten the witnesses if released
on bail. It is prayed that the application be dismissed.
3. I have gone through the record.
4. Keeping in view the submissions, the fact that more
than one year has passed since his arrest and the grounds for
arrest were also not communicated to him at the time of his
arrest, it is ordered that applicant/accused Nitin Kumar s/o
Jagdish Pal be released on bail on his furnishing personal bond in
the sum of Rs.40,000/- with one surety in the like amount, on the
following conditions:
i) That the applicant/accused will supply his mobile number(s)
to the IO of the case, which should be always working and he
shall share his phone live location as and when required by the
IO.
ii) That the applicant/accused shall not visit the vicinity in
which the offence took place and that he shall not create any
kind of impediment in the trial.
iii) That the applicant/accused shall not try to contact or
influence the witnesses directly or indirectly.
iv) That, in case, it is prima facie brought to the notice of the
Court that the applicant/accused is violating the abovesaid
conditions, the bail granted to him shall be liable to be
cancelled.
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5. List on the date already fixed i.e. 05.05.2025 for PE.
Copy of this order be sent to the concerned Jail Superintendent,
for information and compliance. Copy of the order be also given
dasti.
(Virender Kumar Bansal)
Principal District & Sessions Judge (NW)
Rohini Courts, Delhi/02.04.2025/sb
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