Delhi High Court
Shahrukh vs State on 18 August, 2023
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2734/2023
SHAHRUKH ..... Petitioner
Through: Ms.Divya, Adv.
versus
STATE ..... Respondent
Through: Mr. Amit Sahni, APP for the State
with SI Raju Singh, ASI Shoray, PS
Wazirabad.
% Date of Decision: 18th August, 2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
CRL.M.A. 22063/2023 (exemption)
Exemption is allowed subject to all subject just exceptions.
BAIL APPLN. 2734/2023
1. The present bail application has been filed under Section 439 of Cr.
PC read with Section 482 Cr. PC seeking bail in case FIR
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:19.08.2023
11:52:53
No.15527/2022 registered at PS wazirabad under Sections 379/328/34
IPC.
2. Briefly stated that the case of the prosecution is that on 02.06.2022,
the accused persons after administering an intoxicating substance to
the complainant/victim; committed theft of E-rikshaw and mobile
phone of tecno company IMCI No. 56500546463129,
35656054643137. Initially, the victim was taken to BJRM Hospital
and report was made at PS Swaroop Nagar. However, thereafter, it
was found that the concerned police station is PS Wazirabad.
3. The FIR at PS Wazirabad was lodged on 05.06.2022. In addition, the
victim had also lodged an e-FIR on the online portal. Accordingly, the
accused persons were arrested on 08.06.2022 in DD No.160 dated
08.06.2022 under Section 41.1 (D) CrPC.
4. Consequently, the accused persons made a disclosure statement
towards having committed this offence on the basis of which they
were arrested. The accused persons refused to be part of TPI. Now the
charge sheet has been filed. The Learned Session Court rejected the
bail application pre-dominantly on the ground that the FSL report was
still awaited.
5. Issue notice.
6. Learned APP for the State has accepted the notice and vehemently
opposed the bail application. However, the FSL report has been
furnished by Learned APP for the State. As per the FSL report, any
Chemical, Microscopic, TLC & GC-MS examination, metallic
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:19.08.2023
11:52:53
poisons, ethyl and methyl alcohol, cyanide, Phosphide, alkaloide,
barbiturates, tranquilizer and pesticides could not detected.
7. It has been stated that the accused is in custody since 11.06.2022. At
this stage, the Court is only required to take a prima facie view. It is a
matter of the record that no recovery has been affected. Taking into
account, the facts and circumstances and the period of incarceration
the petitioner is admitted to Court bail on furnishing a personal bond
of Rs.20,000/- with one surety of the like amount to the satisfaction of
the trial court, subject to the following conditions:
a) the petitioner shall not travel abroad without the permission of
the 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 residential address and mobile
number(s) to the Police Officer In Charge of the case.
d) in case of change of residential address and/or mobile number,
the petitioner shall intimate the same to the Police Officer In
Charge of the case / Court concerned.
8. In view of the above, the present bail application stands disposed of.
9. Copy of this order be communicated to concerned Jail
Superintendent.
DINESH KUMAR SHARMA, J
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:19.08.2023
11:52:53
AUGUST 18, 2023
Pallavi
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:19.08.2023
11:52:53
