Hemant @ Sunil vs The State, Gnct Delhi
2018 Latest Caselaw 4688 Del

$~13
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                              Judgment delivered on: 09.08.2018

+       BAIL APPLN. 1745/2018
        HEMANT @ SUNIL                                             ..... Petitioner

                               versus

        THE STATE, GNCT DELHI                                      ..... Respondent


         Advocates who appeared in this case:
        For the Petitioner :            Mr. S.N. Pandey with Mr. Rohit
                                        Kumar and Ms. Himanshi, Advocates

        For the Respondent:             Ms. Neelam Sharma, APP for the State.

        CORAM:
        HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                     ORDER

% 09.08.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks regular bail in FIR No.719/2017 under Sections 336/452/34 IPC read with Sections 25/27 Arms Act, Police Station Narela. Charge has been framed under Sections 307/452/34 IPC and the petitioner was discharged of the other Sections including Sections 25/27 of the Arms Act.

2. The petitioner has been in custody since 30.09.2017.

3. Learned counsel for the petitioner submits that admittedly, no

injury was sustained by anybody and the only allegation is that the petitioner fired at the complainant as well as in the air.

4. Learned counsel for the petitioner submits that none of the witnesses in their testimony recorded before the trial court, have supported the case of the prosecution. Even the statement recorded by the Trial Court of the complainant does not support the allegations of the prosecution.

5. Without commenting on the merits of the case and on perusal of the record, I am satisfied that the petitioner has made out a case for grant of regular bail.

6. Accordingly, subject to petitioner furnishing a bail bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the Trial Court, the petitioner shall be released on bail, if not required in any other case. The petitioner shall not do anything, which shall prejudice either the trial or the prosecution witnesses. The petitioner shall not leave the country without the permission of the Trial Court.

7. The petition is disposed of in the above terms.

8. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J AUGUST 09, 2018 st