Naeem @ Sameer @ Habib vs The State ( Nct Of Delhi)
2018 Latest Caselaw 4909 Del

$~7
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                 Judgment delivered on: 20.08.2018

+      BAIL APPLN. 1092/2018
       NAEEM @ SAMEER @ HABIB                         ..... Petitioner

                         versus

       THE STATE ( NCT OF DELHI)                      ..... Respondent


Advocates who appeared in this case:

For the Petitioner :     Mr. S.A. Rajput, Advocate.


For the Respondent :     Mr. Kamal Kumar Ghai, APP for the
                         State with the Investigating Officer.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                            JUDGMENT

20.08.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks regular bail in case FIR No. 362/2017 under Sections 307/195-A/394/397/34 IPC read with Section 25/27 Arms Act, Police Station Ranhola.

2. The allegations in the FIR are that the petitioner had shot the complainant, who is his wife. The allegations are that a complaint was lodged by the complainant against the accused petitioner of

misbehaving with their daughter. The complainant was being pressurised to withdraw the case. When she refused, the petitioner is alleged to have shot the complainant.

3. The status report has been filed which, though, confirms that a settlement has taken place, however, mentions that the complainant has been promised properties in lieu of the settlement.

4. The complainant is present in Court in person. She submits that the disputes between the parties have been resolved with the intervention of the other family members. She submits that the petitioner is the only bread earner of the family and because of his incarceration for over a year, the entire family is suffering. She has stated before the Court that she wants the petitioner to be released on bail.

5. Keeping in view of the facts and circumstances of the case and also the fact that the complainant has herself stated that the petitioner is the only bread earner in the family, without commenting on the merits of the case, I am of the view that the petitioner has made out a case for grant of regular bail.

6. Accordingly, on petitioner furnishing a bail bond in the sum of Rs.25,000/- along with two sureties 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 may prejudice either the trial or the prosecution witnesses. The petitioner shall report before the concerned SHO, Police Station Ranhola, on the first Saturday every month. The petitioner shall appear before the Trial Court as and when the matter is listed. The petitioner shall not leave the country without 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 20, 2018 st