Order 6

Order Details: COPY OF ORDER
Pdf Text: SC No. 407/23
FIR No. 594/23
PS Harsh Vihar
U/s 354/323/506/509/504/34 IPC
& 3 (1)(r)(s) SC/ST (POA) Act
State Vs. Nanak Chand Etc.
18.09.2024
Present : Sh. Parmod Kumar, Ld. Addl. PP for the State.
Sh. R.S. Yadav, Ld. Counsel for complainant along
with complainant.
Mohd. Hasan, Ld. Counsel for all accused persons.
All accused persons present on interim bail.
IO/ACP J.S. Mehta is present upon service of
summons through Joint Commissioner of Police. A compliance
report w.r.t. service of summons has been filed by Deputy
Commissioner of Police.
Otherwise, this matter is fixed for arguments on
regular bail applications/consideration on the point of charge
today.
Arguments heard on the applications u/s 439 Cr.PC.
moved on behalf of applicants/accused persons for grant of
regular bail.
Ld. Counsel for applicants/accused persons has
submitted that applicants/accused persons have been falsely
implicated in the present case at the instance of complainant; that
applicants/accused persons had joined investigation and they
were bound down u/s 41-A Cr.PC; that applicants/accused
persons have clean antecedents. It has been further submitted that
applicants/accused persons are ready to abide by all the
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conditions imposed by the court, if they are released on bail.
Thus, Ld. Counsel has prayed for grant of bail to the
applicants/accused persons.
Per contra, Ld. Addl. PP for State has opposed the
bail applications by referring to the serious nature of offence
alleged against accused persons in the present case. It has been
prayed that bail applications may be dismissed.
I have heard respective submissions addressed on
behalf of either side and perused the record.
At the outset, it is worthwhile to mention that
charge-sheet has already been filed against applicants/accused
persons ‘without arrest’. Further, accused persons not being
arrested during investigation, is indicative of the fact that accused
persons cooperated during the course of the same with the
investigating agency. Moreover, even if the allegations are
presumed to be correct on the face of it at this stage, then too, the
same are a matter of trial. Thus, considering the fact that charge
is yet to be framed and recording of evidence is likely to take
considerable time, therefore, the applications in hand deserve to
be allowed. Last but not the least, apprehension, if any, on behalf
of prosecution may be allayed by imposing strict conditions on
the applicants/accused persons.
Accordingly, in view of above discussion as well as
in the light of facts and circumstances in totality, all the accused
persons i.e. Nanak Chand, Mukesh, Aver Singh @ Balu, Rakesh
and Ravinder Singh @ Ravi are admitted to bail on furnishing
personal bond in the sum of Rs.25,000/- each with one surety of
like amount each to the satisfaction of this court subject to the
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conditions that:
1. Applicants/accused persons shall appear before the court on
each and every date of hearing.
2. Applicants/accused persons shall not threaten or influence the
complainant or any prosecution witness in any manner
whatsoever.
3. Applicants/accused persons shall not tamper with the
evidence nor shall indulge in any illegal activities during the bail
period.
4. Applicants/accused persons and their sureties shall intimate
this Court immediately of any change in their addresses and shall
also furnish their mobile numbers to the IO/SHO concerned.
Applications disposed of accordingly.
Put up this matter for consideration on the point of
charge on 13.11.2024.
Issue notice to IO to appear in person before this
court on NDOH.
(Vineet Kumar)
ASJ-02/E-Court (Shahdara)
KKD/Delhi/18.09.2024
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