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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1933/2023
RAJDEV ..... Applicant
Through: Mr.Manoj Singh and Mr.Mohit
Garg, Advs.
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr.Aman Usman, APP with SI
Sukh Chain.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 30.04.2024
1. This application has been filed under Section 439 of the Code
of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) seeking bail in FIR
No.0258/2013, registered at Police Station: Nihal Vihar, West-
District, Delhi under Sections 302/506/120B/34 of the Indian Penal
Code, 1860 (in short, ‘IPC’).
2. Without going into much detail, suffice it to say that the case of
the prosecution hinges around the statement of Smt.Khushi (PW-18),
who is stated to be the witness to the applicant being last seen with the
deceased.
3. As per the Status Report dated 30.04.2024, out of a total of 62
witnesses cited by the prosecution, 31 witnesses have been examined
before the learned Trial Court.
4. The learned APP, on instruction, submits that, in fact, certain
witnesses have been dropped and only 31 witnesses are to be
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examined, out of which 30 have already been examined. He submits
that as co-accused persons have absconded, therefore, the trial is not
progressing.
5. The learned counsel for the applicant submits that there are no
other criminal cases pending against the applicant.
6. It is also important to note that the applicant claimed that he had
been granted interim bail by this court vide order dated 30.06.2020
passed in Bail Appln. 1378/2020 titled as Rajdev v. The State (NCT
of Delhi) based on the recommendation of High Powered Committee
regarding the Under Trial Prisoners, which indulgence he has not
misused and had duly surrendered on time and he had been appearing
before the learned Trial Court on regular basis.
7. Keeping in view the above facts and circumstances of the
present case, it is directed that the Applicant be released on Bail in
FIR No.0258/2013, registered at Police Station: Nihal Vihar, West-
District, Delhi on furnishing a personal bond in the sum of Rs.10,000/-
with one local surety of the like amount to the satisfaction of the
learned Trial Court, and further subject to the following conditions:
i. Before being released on bail, the applicant shall provide
the details of permanent address where the applicant
would reside post his release. The said address shall be
verified by the Investigating Officer (IO) and only on
receipt of a satisfactory report, the learned Trial Court
would release the applicant on bail;
ii. The applicant shall also intimate the Court, by way of an
affidavit, and to the IO regarding any change in his
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residential address;
iii. The applicant shall not leave the NCT of Delhi without
the permission of the learned Trial Court and shall also
surrender his passport;
iv. The applicant shall physically report to the SHO/IO/Duty
Officer of Police Station-Nihal Vihar, Delhi on every
alternate Saturday;
v. The Applicant shall appear before the learned Trial Court
as and when the matter is taken up for hearing;
vi. The applicant shall not indulge in any criminal activity
and shall not communicate with or come in contact with
the complainant/victim or any member of the
complainant/victim’s family or tamper with the evidence
of the case.
8. Needless to state, any observation touching upon the merits of
the case is purely for the purposes of deciding the question of grant of
Bail and shall not be construed as an expression on the merits of the
matter.
9. The application is disposed of in the above terms.
10. Copy of this order be sent to the Jail Superintendent for
information and necessary compliance.
NAVIN CHAWLA, J
APRIL 30, 2024/Arya/ss
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This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 02/05/2024 at 12:15:46