Order 11

Order Details: COPY OF ORDER
Pdf Text: I.A.04/2025
S.C.No.349/2024
FIR No.284/2024
U/s 307/147/148/149/188 IPC r/w Sec.33/40 Delhi Excise Act
Police Station: GTB Enclave
State vs. Israr Malik
Video Conferencing is functional.
28.01.2025
Order on Interim Bail Application.
Present: Shri Kamal Akhter, Subs.Ld. Addl. PP for State.
Accused Israr Malik, Rehman & Bhanu Pratap Singh @
Bhanu Thakur produced from JC.
Shri Parvez Ali, Ld. Counsel for accused Israr Malik &
Rehman.
Shri Ashutosh Prajapati, Ld. Counsel for accused Bhanu
Pratap Singh @ Bhanu Thakur.
1. This is an application seeking grant of Interim Bail to
accused/applicant Israr Malik on ground of medical condition of his
wife.
2. On request of Ld. Defence counsel, production warrants
were issued against accused persons who have accordingly been
produced before the Court.
3. It is stated by Ld. Counsels that all the accused in the
present case have amicably resolved their dispute with
complainant/victim vide an MoU/Compromise Deed dated 28.01.2025.
Ld. Counsels have obtained the signatures of all three accused persons
(who are undergoing judicial custody) on the said MoU/Compromise
Deed in the presence of the Court. The individual affidavit of accused
Israr Malik, Rehman & Bhanu Pratap Singh @ Bhanu Thakur got
attested from Ms. Komal Dogra, Oath Commissioner in the Court itself.
The original MoU/Compromise Deed shown to the Court. Original seen
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and returned to Ld. Counsels. On being asked, it is stated by the
accused persons (03) that they have voluntarily resolved the dispute
with victim.
4. It is stated by Ld. Counsel that wife of accused/applicant
Israr Malik is suffering from paralysis and there is no other person to
lookafter her in this critical condition. It is prayed that one month
interim bail be granted to accused/applicant. It is also stated that
accused/applicant shall abide by all the conditions imposed by the
Court, if granted interim bail.
5. The bail application has been opposed by subs. Ld.
Addl. PP for State arguing that there are serious allegations against the
accused/applicant and therefore, bail application be dismissed.
6. Submissions heard. Record perused.
7. This Court has perused the medical documents of wife
of accused/applicant. Considering the fact that wife of
accused/applicant has to undergo investigation/tests for her ailment, this
Court deems it necessary to admit the accused/applicant Israr Malik on
interim bail for fifteen (15) days from the date of his release, on
furnishing Bail Bond in the sum of Rs.30,000/- with one surety in the
like amount. The bail is being granted on humanitarian grounds without
going into the merits of this case.
8. The bail is further subject to the condition that
applicant/accused shall not approach the prosecution witnesses directly
or indirectly. He shall also not threaten or influence the prosecution
witnesses. He shall attend the Court hearing on regular basis and shall
intimate any change of his address to the IO/Court immediately.
9. Accused/applicant shall surrender before concerned Jail
Superintendent on expiry of interim bail.
10. Application is disposed of accordingly.
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11. Copy of this order be sent to concerned Jail
Superintendent as necessary information.
12. Copy Dasti.
(ARVIND BANSAL)
Additional Sessions Judge-05 (Shahdara)
Karkardooma Courts, Delhi/28.01.2025
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