DINESH KUMAR SHARMA
Ashish – Appellant
Versus
State of NCT Through Its Chief Secretary – Respondent
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 Cour
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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