Interim Order 21

Order Details: COPY OF ORDER
Pdf Text: SC No. 350/2024
IA No. 8/2025
State Vs. Rohit @ Bittu
FIR No. 233/2024
PS Harsh Vihar
U/S 304/34 IPC
15.04.2025
This is application u/s 483 Cr.PC for grant of interim
bail for a period of 15 days moved on behalf of applicant/accused
Rohit @ Bittu.
Present:- Sh. Sobit, Ld. Additional PP for the State.
Sh. R K Kochar, Ld. Counsel for applicant/
accused.
IO/SI Nitin Kumar present today.
ORDER
1. It is argued by Ld. counsel for applicant/accused that
he was arrested by the police of PS Harsh Vihar and he is in JC
since May, 2024 and has been falsely implicated in the present
case. The marriage of his real sister namely Neha is scheduled for
20.04.2025 at Kehar Farm House, Lawn No. 1, Main Sewa Dham
Road, Mandoli, Delhi. The accused is seeking interim bail for a
period of 15 days for the purpose of helping his family members
in making arrangements for marriage and to attend the marriage
of his real sister and to perform marriage rituals, as per prevailing
customs being brother. The other two accused persons namely
Pankaj Gautam and Ankit have already have granted bail by the
Hon’ble Court. The main two eye witnesses in this case have
already been examined and cross-examined and they have not
supported the case of prosecution. The applicant/accused is
neither previous convict nor any case is pending before any
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Court and he shall not tamper the evidence nor flee from justice
and there is no similar bail application has been filed or pending
in any Court. In view of marriage of sister of applicant/accused,
he requires at least 15 days for preparation of marriage and its
completion.
2. Ld. Addl. PP for the State has opposed the bail
application on the ground of gravity of offence and that
applicant/accused has played an active role in the crime and if
released on interim bail, he may abscond.
3. IO has filed a reply and submitted that
applicant/accused is charged u/s 304/34 IPC. IO has verified the
marriage of the sister of the applicant/accused. The booking slip
of Kehar Farm House is also verified.
4. The charge against applicant/accused is u/s 304/34,
which is grave in nature. Marriage of his sister is fixed for
20.04.2025 at Kehar Farm House, Lawn No. 1, Main Sewa Dham
Road, Mandoli, Delhi, which is verified by the IO and it is
submitted that she is his real sister and original marriage card has
also been annexed and IO has also annexed the copy of
statements of neighbours namely Pardeep Kumar and Narender
Kumar. Thus, the Court is of the opinion that the interim bail of
few days has to be granted to the applicant/accused to join the
marriage of his real sister and he is in JC for the last 11 months.
5. Considering the above facts and circumstances of
the case, the interim bail of applicant/accused Rohit @ Bittu is
allowed and he is admitted to interim bail for a period from
18.04.2025 till 25.04.2025 on his furnishing a personal bond in
the sum of Rs. 25,000/- with one surety of like amount to the
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satisfaction of this court, subject to following conditions:-
1. That accused will not contact complainant/victim or
his family members or any prosecution witness
directly or indirectly in any manner.
2. That accused shall surrender before the Jail
Superintendent at the expiry of bail period i.e. on
26.04.2025 under intimation to this court.
3. The accused shall not visit any place except Delhi
during the period of bail.
4. The accused shall provide his mobile number to the
SHO concerned and make a video call to the SHO
everyday till he surrenders.
Nothing mentioned herein shall tantamount to any
expression on the merits of the case.
6. The interim bail application of applicant/accused
Rohit @ Bittu is accordingly disposed of.
Copy of this order be sent to Jail superintendent
concerned, IO/SHO concerned and be given dasti to Ld. counsel
for accused.
(Kumar Rajat)
ASJ-07/SHD/KKD Courts/Delhi
15.04.2025
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