Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3696

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Ajay Kumar – Appellant
Versus
State of NCT of Delhi – Respondent
Bail Appln. 3067 of 2023
Decided On : 14-09-2023

Advocates appeared:
Mr. Niraj Dubey and Mr. Pradumn Kumar, Advocates, for the Petitioner.
Mr. Hemant Mehla, APP and SI Vivek Tomar, PS Govindpuri, for the Respondent.

The court may grant bail to a petitioner based on the period of detention, the petitioner's pursuits, and the absence of any other case against the petitioner, while emphasizing that the decision does not express any opinion on the merits of the case.

Headnote:
BAIL APPLICATION - Regular Bail - The court granted bail to the petitioner, who was pursuing the course of Chartered Accountancy, in a case involving serious offences under Sections 307/34 IPC. The petitioner was admitted to court bail on furnishing a personal bond of Rs.10,000/- with certain conditions.
Fact of the Case:

The petitioner filed an application seeking regular bail in a case registered under Sections 307/34 IPC, where the petitioner's role was alleged to be asking the accused party to teach the complainant and his family a lesson. The accused was in custody for 8 months and pursuing the course of Chartered Accountancy.
Finding of the Court:

The court considered the period of detention and the facts and circumstances of the case, and granted bail to the petitioner on certain conditions, while emphasizing that the decision did not express any opinion on the merits of the case.
Issues: The main issue was whether the petitioner should be granted regular bail in a case involving serious offences under Sections 307/34 IPC.
Ratio Decidendi: The court considered the period of detention, the petitioner's pursuit of Chartered Accountancy, and the absence of any other case against the petitioner in granting bail with specific conditions.
Final Decision: The court granted bail to the petitioner on furnishing a personal bond of Rs.10,000/- with certain conditions, while clarifying that the decision did not express any opinion on the merits of the case.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 24796/2023

1. Exemption allowed subject to all just exceptions.

2. Application stands disposed of.

BAIL APPLN. 3067/2023

3. The present application has been filed seeking regular bail in case FIR No. 77/2023 under Sections 307/34 IPC registered at PS Govindpuri.

4. Learned counsel for the petitioner submits that as per the FIR, the role of the petitioner is that he only asked the accused party to teach complainant and his family a lesson.

5. Learned counsel for the petitioner submits that the accused was arrested on 01.02.2023 and he is in custody since then. It has been submitted that the charge-sheet has already been filed. It has further been submitted that the petitioner is pursuing the course of Chartered Accountancy.

6. Issue notice. Learned APP for the state has accepted the notice.

7. Learned APP for the state submits that the present case involves serious offence where the petitioner, in furtherance of common intention of all the other accused persons, assaulted the victims with knife on their face, neck and ear. Learned APP for the state further submits that two of the injured persons have suffered grievous injuries.

8. As per the status report filed by SI Vivek Tomar before the learned Trial Court, it has been mentioned that as per enquiry, it was found that the victims suffered injury from broken glass, however opinion in this regard is yet to be taken from the hospital. The petitioner is in custody for 8 months and is pursuing the course of Chartered Accountancy. As per IO there is no other case against the present petitioner. The charge-sheet has already been filed.

9. Taking the period of detention and the facts and circumstances of the case in totality, the petitioner is admitted to court bail on furnishing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial court subject to the following conditions:

a) the Petitioner shall under no circumstances leave India without prior permission of the concerned Court;

b) the Petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;

c) the Petitioner shall provide his mobile number(s) to the Investigating Officer;

d) 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.

e) The petitioner shall attend the trial regularly.

10. However nothing expressed herein shall tantamount to be an expression on the merits of the case.

11. Copy of order to be sent to concerned Jail Superintendent.

12. Hence, the present applications stands disposed of.

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