Order 18

Order Details: COPY OF ORDER
Pdf Text: I.A. No.09/2025
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. Bhanu Pratap Singh
Through Hybrid Mode.
07.04.2025
Order on Regular Bail Application.
Present: Shri Mukul Kumar, Substitute Ld. Addl. PP for State.
Shri Ashutosh Prajapati, Ld. Counsel for
accused/applicant.
1. This is ‘third’ application u/s 483 BNSS seeking grant
regular bail to accused/applicant Bhanu Pratap Singh.
2. It is stated by Ld. Defence counsel that accused/applicant
has been falsely implicated in the present case. It is also submitted that
accused/applicant have been undergoing judicial custody since
12.06.2024. It is stated that six co-accused persons have already been
granted bail in the present matter. It is also submitted that other two co-
accused namely Abdul Rehman and Ishrar Malik have been granted bail
by this Court vide order dated 02.04.2025. It is argued that matter has
been amicably settled between accused/applicant and complainant and
both the parties have already moved Hon’ble Delhi High Court for
quashing in the present case where the next date of hearing is 23.07.2025.
It is further argued that as matter has been amicably settled between the
parties, no purpose would be served keeping the accused/applicant in
further custody. It is argued that on grounds of parity, accused/applicant
be also granted bail. It is also stated that accused/applicant shall abide by
all the conditions imposed by the Court, if ordered to be released on bail.
4. The bail application has been opposed by substitute
Ld.Addl. PP for State arguing that there are serious allegations against the
accused/applicant and mere settlement cannot be a ground to grant bail to
-- 1 of 2 --
-2-
accused/applicant. It is prayed that application be dismissed.
5. Submissions heard. Record perused.
6. Having considered the period of custody of about ten
months of accused/applicant, the fact that chargesheet stands filed and is
pending trial before this Court, the fact that both the parties have resolved
their dispute amicably by executing an MoU, the fact that the parties have
already approached Hon’ble Delhi High Court for quashing of present FIR
which is listed for 23.07.2025, no purpose would be served by keeping the
accused/applicant in further custody. Accordingly, the application is
allowed.
Accused/applicant namely Bhanu Pratap Singh is admitted
to bail on furnishing Bail Bond in the sum of Rs.50,000/- each with two
sureties each in the like amount to the satisfaction of this Court.
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.
7. Nothing in the present order shall tantamount to expression
of opinion of this Court on the merits of this case.
8. Application is disposed of accordingly.
9. In compliance of directions of Hon’ble Supreme Court in
case titled
‘In Re: Policy Strategy for Grant of Bail’, Writ Petition (Crl.)
No. 04/2021 dated 31.01.2023, copy of this order be sent to applicant
through concerned Jail Superintendent for information. Order
dasti.
(ARVIND BANSAL)
Additional Sessions Judge-05 (Shahdara)
Karkardooma Courts, Delhi/07.04.2025
-- 2 of 2 --