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DINESH KUMAR SHARMA
Ashok Garg – Appellant
Versus
State of NCT Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Vide order dated 07.02.2023, the applicant was admitted to interim anticipatory bail. The order dated 07.02.2023 reads as under:
" CRL.M.A. 3188/2023 (interim application)
This is an interim application seeking anticipatory bail on behalf of the petitioner till the disposal of the present anticipatory bail application in case FIR No. 553/2021 registered under sections 323/341 IPC at PS Keshav Puram. The alleged incident is of 29.03.2021 which was on the day of Holi and the said FIR was lodged on 25.08.2021. It is a matter of record that the petitioner himself had taken the injured to the hospital. Initially, the FIR was lodged only under Sections 323/341 IPC. However, later on further sections were added.
Learned counsel for the petitioner submits that the petitioner shall cooperate and is ready and willing to join the investigation as and when directed.
Let the status report be filed.
In the meantime, if an arrest is necessitated, the petitioner be released on interim bail on furnishing a personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the IO/SHO subject to the following conditions:
a) the applican
Grant of interim anticipatory bail and subsequent court bail with specific terms and conditions based on the applicant's cooperation in the investigation.
Granting of anticipatory bail and imposition of conditions to ensure cooperation in the investigation.
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 has the discretion to grant anticipatory bail based on the facts and circumstances of the case, and may impose conditions to ensure cooperation with the investigation and prevent tampering ....
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 anticipatory bail and imposition of specific conditions to ensure cooperation in the investigation.
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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