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Avtar Singh @ Sunny vs State Of Delhi

Delhi High Court · Decided on 7 February 2019 · Citation: (2019) 02 DEL CK 0054

HON’BLE JUDGES
Sanjeev Sachdeva, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 307
RESULT
Allowed
CASE NUMBER
Bail Application No. 2791 Of 2018
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Judgment

7 paragraphs · 220 words

Sanjeev Sachdeva, J

1.

Petitioner seeks regular bail in FIR No.248/2018 under Section 307/34 IPC, Police Station Ambedkar Nagar.

2.

The allegations in the FIR are that the petitioner along with the co accused assaulted the complainant and inflicted wounds on his stomach.

3.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that the statement of the complainant as well as of the two independent witnesses inter-alia the brother of the complainant have already been recorded before the Trial Court and the witnesses have not supported the case of the prosecution and have failed to even identify the petitioner.

4.

Without commenting on the merits of the case and keeping in view of the totality of the facts and circumstances and on perusal of the record, I am satisfied that petitioner has made out a case for grant of regular bail. Accordingly, on 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, petitioner shall be released on bail, if not required in any other case. Petitioner shall not do anything which may prejudice either the trial or the prosecution witnesses.

5.

Petition is allowed in the above terms.

6.

Order Dasti under signatures of the Court Master.