Order 13

Order Details: COPY OF ORDER
Pdf Text: I.A. No. 03/2024
S.C. No. 335/2023
FIR No.350/2023
Police Station: Jyoti Nagar
State vs. Faheem
Video Conferencing is functional.
23.12.2024
Order on Bail Application.
Present: Shri Kamal Akhter, Subs. Ld. Addl. PP for State.
Shri Dev Pratap Singh Raghav, Ld. Counsel for
accused/applicant.
1. This is an application u/s 483 BNSS seeking grant of
regular bail to accused/applicant.
2. Reply already filed.
3. 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 has been undergoing judicial
custody since 19.05.2023. It is argued that prosecution case is based
primarily on the statement of PW Akram and Mukaram. It is also
contended that PW Akram has already been dropped/deleted from list
of prosecution witnesses on 17.09.2024 pursuant to his death. It is also
submitted that PW Mukaram has already been examined before this
Court on 26.11.2024 wherein he has disowned the case of prosecution
and failed to identify the accused/applicant as one of the assailants. It is
stated that no purpose would be served by keeping the
accused/applicant in further custody. 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 sub. Ld. Addl.
PP for State arguing that there are serious allegations against the
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accused/applicant for attacking the complainant by using a sharp edged
knife. It is further argued that accused/applicant may indulge in
commission of similar offence, if granted bail.
5. Submissions heard. Record perused.
6. Taking note of period of custody of accused/applicant
since 19.05.2023, the fact that only available prosecution/public
witness has
prime facie failed to identify the accused/applicant as one
of the assailants, the fact that accused/applicant cannot be further
incarcerated as
pre-trial punishment, there are reasonable and justified
grounds to allow the present application.
Accused/applicant Faheem is admitted to bail on
furnishing Bail Bond in the sum of Rs. 25,000/- with one surety 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.
10. Order
dasti.
(ARVIND BANSAL)
Additional Sessions Judge-05 (Shahdara)
Karkardooma Courts, Delhi/23.12.2024
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