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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Ashish – Appellant
Versus
The State of NCT Through Its Chief Secretary – Respondent
Bail Appln. 1313 of 2022
Decided On : 21-02-2023
Anticipatory Bail - Criminal Law - The court granted anticipatory bail to the petitioner in a case involving an attack with a knife, considering the filing of the charge sheet and the likelihood of a lengthy trial.
Fact of the Case:
The petitioner sought anticipatory bail in a case involving an attack with a knife by a group of persons, as per the FIR filed by the victim.
Finding of the Court:
The court granted the petitioner anticipatory bail, considering the filing of the charge sheet and the potential length of the trial.
Issues: Anticipatory bail under Section 438 Cr. P.C. in a case involving an attack with a knife.
Ratio Decidendi: The court considered the filing of the charge sheet and the potential length of the trial in granting anticipatory bail to the petitioner.
Final Decision: The petitioner was admitted to Court bail in the sum of Rs.10,000/- with specified conditions.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under Section 438 Cr. P.C. seeking grant of anticipatory bail in the case FIR No. 261/2022 registered at PS Khyala under Section 307/34 IPC.
2. The FIR was registered at the instance of one Gautam @ Ritik Suri. It is stated that Gautam was visiting the locality of Raghubir Nagar, Delhi, when he was attacked by a group of persons including Anshu @ Vanshu, Shivam, Bunty, Arjun, Ashish, Sameer and others. He attempted to escape but was surrounded by the group and attacked with a knife by Vanshu S/o Sanjay.
3. Pursuant to filing of the bail application, an interim protection was granted vide order dated 28.04.2022 which was further extended from time to time.
4. Learned APP for the State submits that the charge sheet has already been filed against the accused.
5. I have considered the submissions of all the parties.
6. I consider that since the charge-sheet has already been filed and trial may take a long time and in the totality of the facts and circumstances, the petitioner is admitted to Court bail in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the learned Trial Court subject to the following conditions:
a) the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;
b) the petitioner shall provide his/her mobile number(s) to the Investigating Officer and keep it operational at all times;
c) In case of change of residential address and/or mobile number, the petitioner shall intimate the same to the Investigating Officer/Court concerned by way of an affidavit.
7. In view of above, the present petition stands disposed of.
The court considered the likelihood of a lengthy trial and the filing of the charge sheet in granting anticipatory bail to the petitioner.
The court considered the stage of the trial, the petitioner's conduct, and the complainant's options for seeking protection in granting bail.
Grant of interim anticipatory bail and subsequent court bail with specific terms and conditions based on the applicant's cooperation in the investigation.
Continuation of anticipatory bail application is unnecessary once charges are filed without arrest; petitioner can seek regular bail.
Grant of anticipatory bail and imposition of specific conditions to ensure cooperation in the investigation.
The main legal point established is the grant of anticipatory bail under Section 438 Cr.P.C. in a case involving serious allegations, with specific conditions to ensure cooperation in the investigati....
Anticipatory bail under Section 438 is granted based on careful evaluation of circumstances, emphasizing personal liberty and the need for judicial discretion.
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