Vishal v. The State of NCT of Delhi

O R D E R %

11.11.2024

¶1This is a petition filed under section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 ('BNSS') seeking regular bail in FIR No. 0373/2022 registered at PS Jaitpur under sections 392/397/411/34 IPC and section 25/54/59 of the Arms Act on 10.07.2022.

¶2Briefly stating the facts as per the FIR are that 4 accused persons reached the shop of the complainant being Holygolee Pharmacy Pvt. Ltd. Medical Shop, Shakti Vihar, Tanki Road, Hari Nagar Extension-II, Jaitpur, New Delhi and at gun point committed a robbery and looted about Rs. 5,000/- and 2 mobile phones.

¶3My attention has been drawn to the order dated 16.05.2023 whereby the charges were framed against the petitioner only under section The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. 452/392/34 IPC being punishable for a maximum period of 7 years.

¶4I am also informed that the petitioner has been in custody since

12.07.2022 and all material witnesses have already been examined.

¶5In addition, even though the police officials have recovered some articles from the petitioner, however there is no independent witness to the recovery memo.

¶6Mr. Usman, learned counsel for the respondent opposes the present bail application.

¶7I am of the view that the petitioner has already undergone a sentence of two and a half years out of a maximum possible sentence of 7 years and all material witnesses have already been examined. Thus, I am of the view that the applicant needs to be released on bail on the following conditions: i. The applicant shall furnish a personal bond and a surety bond in the sum of Rs. 20,000/- each, to the satisfaction of the learned trial Court; ii. The applicant shall appear before the Court as and when the matter is taken up for hearing; iii. The applicant shall join investigation as and when called by the Investigating Officer ("I.O.") concerned; iv. The applicant shall provide his mobile number to the IO concerned, which shall be kept in working condition at all times. The applicant shall not switch off, or change the same without prior intimation to the I.O. concerned, during the period of bail; v. In case the applicant changes his address, he will inform the I.O. concerned and this Court also; vi. The applicant shall not leave the country during the bail period and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. surrender his passport, if any, at the time of release before the I.O. concerned; vii. The applicant shall not indulge in any criminal activity during the bail period; viii. The applicant shall not communicate with, or come into contact with any of the prosecution witnesses, or any member of the victim's family, or tamper with the evidence of the case.

¶8The present petition stands disposed of in the aforesaid terms. JASMEET SINGH, J NOVEMBER 11, 2024/DM Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3165/2024 VISHAL .....Petitioner Through: Mr. Ramesh Rawat, Mr. Manish Kumar, Mr. Jitendra Kumar Singh, Mr. Jaideep Rathi, Ms. Pooja, Advs. versus THE STATE OF NCT OF DELHI .....Respondent Through: Mr. Aman Usman, Adv. Ms. Shubhi Gupta, APP with Insp. Satbir Singh, PS Jaitpur CORAM: HON'BLE MR. JUSTICE JASMEET SINGH