Ashok Kumar @ Ashok Bagri vs State Nct Of Delhi
2016 Latest Caselaw 3251 Del

#33 & 34
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                   Date of decision: 04.05.2016

+       BAIL APPLN. 990/2014 and Crl. MA No. 7303/2014 (Stay)

        ASHOK KUMAR @ ASHOK BAGRI              ..... Applicant
                    Through  Mr. Surjeet K. Mishra, Advocate
                    versus
        STATE NCT OF DELHI                                  ..... Respondent

                      Through             Mr. M.S. Oberoi, APP for State
                                          Insp. Pravin Kumar, PS DIU/SW Distt.

+       BAIL APPLN. 1086/2014

        BALRAJ                                              ..... Applicant

Through Mr. Sachit Arora and Mr. Praveen Kumar, Advocates versus STATE ..... Respondent Through Mr. M.S. Oberoi, APP for State Insp. Pravin Kumar, PS DIU/SW Distt.

CORAM:

HON'BLE MR JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J (ORAL)

1. The present are the applications under Section 438 of the Code of

Criminal Procedure, 1973 (Cr.P.C.) read with Section 482 Cr.P.C. seeking

pre-arrest bail in FIR No. 267/2013, under Sections 420/120B IPC,

registered at Police Station- Baba Haridas Nagar, Delhi.

2. It is an admitted position that the charge-sheet against the applicants in

the subject FIR has been filed by the Delhi Police on 19 th March, 2016. The

present applications seeking pre-arrest bail have been pending adjudication

before this Court since May, 2014 and the applicants have joined

investigation since September, 2014 on a specific direction issued by this

Court.

3. At no stage thereafter, has the official respondent ever urged that the

interim bail granted to the applicants herein be cancelled or sought vacation

thereof from this Court on any ground whatsoever.

4. It is observed that the applicants have clean antecedents and are not

involved in any other case.

5. At this stage, there is neither any hint nor allegation that the applicants

shall not be available to stand trial or that they may attempt to tamper with

the evidence or try to influence the witnesses in the subject FIR.

6. Since the investigation is complete and charge-sheet in the subject FIR

has been filed, as afore-stated, in my view, no useful purpose shall be served

by requiring the custodial interrogation of the applicants herein.

7. In view of the foregoing, the present bail applications are allowed.

8. In the event of applicants' arrest, they shall be released on bail on their

furnishing personal bonds in the sum of Rs. 50,000/- each with two sureties

each of the like amount to the satisfaction of the Trial Court subject to the

further conditions that:-

i) the applicants shall appear before the Trial Court at every date of hearing of the trial unless so exempted or directed by that Court; and

ii) the applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the Court or to any other authority.

9. With the above directions, the present bail applications are disposed

of.

SIDDHARTH MRIDUL, J MAY 04, 2016 SD